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THE 



UNITED STATES AND INTERNATIONAL 



PATENT OFFICE 



MANUAL 



DIRECTIONS FOR OBTAINING LETTERS PATENT. 
AMERICAN AND FOREIGN PATENT LAWS. 

AND MUCH OTHIiR USEFUL INFORMATION. 




PUBIJSHED BY 

FITOH & CO., 

DIRECTORS OF THE 

UNITED STATES AND INTERNATIONAL PATENT OFFICE, 

21 Park Row, New York. 

1871. 



Entered according to Act of Congress, in the year 1871, bj 

FITCH & CO., 
In the office of the Librarian of Congress, at Washington. 



A 



i5 






The New York Printing Company, 
8x, 83, 6* 85 Centre street^ 

NEW YORK. 



'0 



THE 



®nitetr states antr finternational 

PATENT OFFICE, 



21 Park Eow, New York. 



THE PUEPOSE OF THIS OFFICE. 

In order to facilitate the transaction, by inventors and others 
interested in patents, of patent business correctly and speedily 
with the Patent Office at Washington and in foreign countries, it 
has been thought advisable to establish an office in the City of 
New York, where applicants may have the advantage of skilled 
and experienced solicitors, and the best attainable professional 
counsel and assistance, in obtaining patents for new inventions, 
and in all matters connected with our Patent Laws. 

Inventors and all interested in patents are thus provided the 
opportunity of avoiding the evil consequence of falling into the 
hands of incompetent or unfaithful patent agents. 

ANOTHER SPECIAL ADVANTAGE 

Secured at this office is that of assistance to inventors in complet- 
ing their unperfected inventions. Many persons have the faculty 
of invention who have not the mechanical skill to construct 



meclianisin so as to fully reduce their inventions to practice. At 
this oflBlce, under the seal of professional secrecy and confidence, 
such persons will find the aid they need. The plan and operations 
of this department of the office are more fully stated on the 
second page of cover ^ to which the reader is referred. 

WHY LOCATED IN NEW YORK. 

This office has been located in the City of New York for the 
reason that this city being the great commercial centre of the 
country, the facilities for both communicating with and applying 
personally at the office from all parts of the Union are really 
greater than they would be at any other place, however centrally 
located geographically. 

IMPORTANCE OF DOING BUSINESS CORRECTLY. 

It is very important that, in transacting any business with the 
Office at Washington, its rules and regulations should be carefully 
and strictly complied with ; as thereby delays are avoided, and the 
labors of the Commissioner of Patents, and his subordinate offi- 
cers and assistants, are materially lessened. 

But it is especially important in making the necessary prepara- 
tions for filing caveats and applying for letters patent ; for the 
reissue and amendment of defective patents ; for the extension 
of patents just expiring, and for prosecuting interferences, that not 
only the rules and regulations of the Office are complied with, 
but that the entire subject-matter in hand should be thoroughly 
comprehended in all its bearings and relations, and that the re- 
quisite papers should be so drawn as to secure fully, and with 
definiteness and certainty, the right and interest of the applicant. 
To do this in all cases, considering the variety and extent of the 
multiplied patentable inventions and discoveries of this inventive 
age, demands an intimate knowledge of the entire field of patent 
law, mechanics, the sciences and arts, and convenient and ready 
access to all sources of information relating to existing patents 
and inventions in practical use. 

Many valuable inventions are substantially lost to their origi- 
nators by the unskilful manner in which they are presented and 
prosecuted before the Patent Office. 

INVENTORS AND OTHERS ARE THEREFORE ADVISED 

To avail themselves of the reliable assistance which is furnished 
to them, at a low ratio of expense, at this office, in preparing all 
necessary papers for the transaction of any and aU business they 



may desire to do with the Patent OflS.ce at Washington, relating 
to — 

1st. The obtaining of letters patent for new and useful inven- 
tions and discoveries^ for Designs and for Trade Marks. 

2d. The surrender of defective letters patent and applying for 
a reissue of the same upon amended specifications. 

3d. The prosecuting of interferences before the Patent Ofl&ce 
at Washington, between inventors claiming the same invention. 

4th. Applying for the extension of letters patent that are about 
expiring. 

5th. Renewing rejected applications. 

6th. Making new applications in cases where the patent has 
been allowed, and the final fee has not been paid before the ex- 
piration of six months from the date of the allowance. 

?th. Making and prosecuting appeals from the primary exami- 
ners to the examiners-in-chief ; from the examiners-in-chief to the 
Commissioner of Patents, and from the Commissioner of Patents 
to the Supreme Court. 

8th. Furnishing inventors and others with all the information 
from the records of the Patent Oifice in Washington, and from 
other sources, that they may require to determine whether inven- 
tions for which patents are desired are new and patentable. 

9th. Making examinations to determine whether patents already 
obtained are valid and safe. 

10th. Preparing assignments and transfers of patents, licenses, 
etc., and procuring them to be duly recorded in the Patent OflSce 
at Washington. 

11th. Transacting any other business at the Patent Ofi&ce at 
Washington for inventors. 

12th. Examining patents and giving opinions as to their validity 
and soundness. 



(3mtxal Uiitctions 



FOR 



DOING BUSINESS WITH THIS OFFICE. 



I. 
TO ASCERTAIN IF AN INVENTION IS PATENTABLE: 

Advice is given at this office, when requested, as to the patenta- 
bility of any invention, preliminary to rQakiog* application for a 
patent. Usually, if the invention is not new, our examiner is 
able to refer at once to the patent or to the publication where it 
is to be found. In such cases the information will be given with- 
out charge. 

If an examination of the patent records shall be found necessary 
to determine whether it has been already patented in this coun- 
try, a "fee of $5, the cost only of making it, is charged. This 
must be remitted with the order for the examination. A model 
drawing, or, when not comphcated, a mere pencil sketch of the 
invention, with a plainly written description of it, will enable us 
to determine upon its patentability. 

It should be understood, however, that it does not necessarily 
follow that a patent can be obtained for an invention because it 
has not already been patented in this country. It may have been 
patented abroad ; or it may have been described in some printed 
publication; or it may be found described in our own Patent 
Office, in the specification, drawing, or model filed with an appli- 
cation that has been rejected. In either case a patent will be 
denied. 



But the better course is, after it is ascertained that no patent 
has been issued in this country for the same thing-, to file at once 
a full application, and let the examining officers at the office in 
Washington complete the examination among rejected applica- 
tions, foreign patents, and printed publications. This usually 
saves both time and expense. 

n. 

FOR OBTAINING LETTERS PATENT FOR NEW INVENTIONS. 

In applying for a patent, the Office at Washington requires the 
observance of certain formalities. The responsibility of seeing 
that these formalities are fully complied with rests with this office, 
and the applicant need give himself no care or trouble in regard 
to the matter. 

It is only necessary for him to send by mail or otherwise a full 
description of his invention, with a model, if he pleases, or a 
drawing or sketch representing it. If, however, he can conve- 
niently come to the office and describe his invention in person, it 
is preferable for him to do so, as most inventors can more satis- 
factorily explain their inventions orally than they can by writing. 
Besides, a personal interview affords an opportunity for the solici- 
tor or expert to suggest changes, alterations, or additions, that 
may sometimes enable the applicant to procure a patent when he 
could not do so without them. 

When the applicant has fully communicated his invention to 
this office, either orally, on paper, or by a model, all the necessary 
papers and drawings are prepared here. They can then be exe- 
cuted at this office (a notary being always in attendance to admin- 
ister the required oath), or at applicant's own residence in any 
part of the country. The papers will be forwarded to him for 
this purpose, with full instructions. When executed, he will 
return them to this office by mail, when this office takes entire 
charge of the case, presents and prosecutes it at the Office at Wash- 
ington, and through its branch office there superintends it in all 
stages of its progress, and transacts all business in relation to it. 

III. 

COST OF OBTAINING A PATENT. 

The first government fee required on filing the 

application for a patent is $15 00 

Stamps 1 00 

Total $1G 00 



8 

This sum must be remitted to this office when the request is 
sent to prepare the papers. 

After the papers are prepared, and executed by the applicant 
as above stated, and are ready to forward to the Office at Wash- 
ington, a solicitor's fee of $25, in simple cases, is to be paid at 
this office. If the papers are necessarily lengthy, or elaborate 
and expensive drawings are required, the fee is larger, up to $35, 
and sometimes more in very important cases involving extraor- 
dinary labor. 

After the patent has been allowed, a second government fee of 
$20 has to be paid, which payment may be made at any time 
within six months after such allowance, the patent being for- 
warded to us by the Office at Washington, and by us to the pa- 
tentee as soon as (but not until) this second fee is paid. 

This makes the entire cost of applying for a patent in ordinary 
cases, through this office, $41, — and of the patent when obtained, 
$61. 

IV. 

MODELS. 

Since the passage of the recent patent law, models are not 
necessarily required, it being optional with the Commissioner of 
Patents to require them or not. If the invention is a simple one, 
that may be clearly understood from the drawings and specifica- 
tions, it is not customary to require one ; but when the invention 
is embodied in complicated mechanism, it is always prudent to 
provide a model in the first instance. It may be forwarded di- 
rectly to this office by express or otherwise, with transportation 
charges always pre-paid, 

V. 
FOR OBTAINING PATENTS FOR DESIGNS. 

The provisons of our laws relating to the granting of patents for 
designs are not as generally known as they ought to be. The ben- 
efits which they secure are very important and valuable, and they 
are quite too generally neglected. Very often a patent for a de- 
sign may be obtained that will give the author of it substantially 
as valuable a monopoly of an article of manufacture as would a 
patent for the same thing as a new mechanical invention, when per- 
haps the latter cannot be obtained. 

The law provides that any person who by his own industry, 
genius, effort and expense, has invented any new and original 
manufacture, bust, statue, alto-relievo or bas-relief — any new and 
original design for the printing of woolen, silk, cotton, or other 



9 

fabric, any new and original impression, ornament, pattern, print 
or picture to be printed, painted, or cast, or otherwise placed or 
worked into any article of manufacture ; or any new, useful and 
original shape or configuration of any article of manufacture, the 
same not having been known or used by others before his inven- 
tion or production thereof, or patented or described in any printed 
publication, may obtain a patent therefor. 

Thus it will be seen that the law is very broad and liberal, 
opening a wide field for the exercise of ingenuity in the produc- 
tion of new forms. If the inventor or the manufacturer who 
does not perhaps suspect that he has the faculty of invention, finds 
himself producing an article not possessing sufiicient novelty in 
mechanical construction to authorize the issue of a patent for it 
as a new invention or manufacture, he has only to give to it some 
novel and useful shape or conformation, when a patent may be had 
for it as a new design , which will give him an effectual and sub- 
stantial monopoly of it. The attention of inventors and manufac- 
turers is especially directed to this provision of the law. 

Patents for designs are granted for three years and six months, 
or for seven years, or for fourteen years, as the applicant may 
elect ; but his election must be made at the time of his filing his 
application. 

Models of designs are not required except when they cannot be 
represented by drawings or photographs. 

To obtain a patent for a design it is only necessary to forward 
to this oflace an accurate drawing or a plain photograph of it. If 
a photograph is sent, the negative must be forwarded with it. 
All the necessary papers are prepared here. The applicant may 
call at the office and execute them, or they wiU be forwarded to 
him for that purpose. A personal application at the office is 
recommended when convenient. But with those residing at a 
distance the entire business can be done by mail. 

The entire expenses for obtaining this kind of a patent are as 
follows : — 

For two years and six months $20 00 

For seven years 25 00 

For fourteen years 40 00 

The fee should invariably be remitted to this office with the 
drawings or photographs. In all cases the applicant will give 
his full name (including middle name or names, if any). The 
drawings must not be folded or mounted ; simply rolled up and 
secured in a closed envelope. Any further information in regard 
to this subject wiU be given on request. 



10 



VI 
FOR OBTAINING PROTECTION FOR TRADE-MARKS. 

By the Patent Laws of 1870, for the first time in this country, 
Trade-marks are protected. 

The provision is, that any person or firm domiciled in the 
United States, and any corporation created by the authority of the 
United States, or of any State or Temtory thereof, or any person, 
firm, or corporation, resident of or located in any foreign country 
which by treaty or convention affords similar privileges to citizens 
of the United States, and who are entitled to the exclusive use 
of any lawful trade-mark, or who intend to adopt and use any 
trade-mark for exclusive use within the United States, may ob- 
tain protection for such lawful trade -mark by complying with 
certain requirements. This protection continues for a term of 
thirty years, and may then be renewed for a second term of 
thirty years. When, however, it is intended for merchandise not 
manufactured in this country, and is protected under the laws of 
some foreign country for a shorter term, the protection here ex- 
pires with the foreign protection. 

To obtain this protection, it is only necessary to forward to 
this office a full description, with six copies, which should be fac- 
similes of the trade-mark, stating how and upon what kind of 
article it is to be used ; mentioning particularly the class of 
merchandise and the specific article comprised in said class which 
has been or is intended to be appropriated. State also the length 
of time, if any, during which the trade-mark has been used. 
Give in full the name and residence of the person, firm, or corpo- 
ration desiring the protection. 

The full fee, covering all expenses for obtaining this protection, 
is $35, which must be remitted to this office with the applica- 
tion. 

All the necessary papers will then be prepared and sent to the 
applicant for execution. After they are signed they are returned 
to us, and very soon afterwards the certificate of protection will 
be issued and forwarded to him. 

The exclusive right to use a trade-mark secured under this law 
is assignable, in the same manner and with like effect as a pa- 
tent. Such assignment, in writing, must be recorded in the Pa- 
tent Office at Washington within sixty days after its execution, 
otherwise subsequent bona fide assignees of the same right will 
obtain a good title to the same ; and no action for the unlawful 
use of a trade-mark can be brought by an assignee until his as- 
signment is recorded. 

It is recommended that, when convenient, parties applying for 



11 

this protection should call personally at this office for the pur- 
pose. 

Any further information on this subject will be given on appli- 
cation to us. 



YII. 

CAVEATS. 

The object of a caveat is to enable an inventor who has not en- 
tirely completed his invention for which he intends to apply for 
letters patent, to perfect his invention, or for any reason to delay 
making his formal application, while he is protected against any 
subsequent inventor of the same thing applying for and obtain- 
ing a patent without his knowledge. To this extent it is a protec- 
tion, but no farther. 

A caveat consists of a brief description of an invention, as far 
as the author of it has gone in completing it, usually accompanied 
by a drawing, with a petition and oath. No model is required. 
Thc^se papers are filed in the secret archives of the Patent Office at 
Washington, and no one besides the officials there, other than the 
inventor and his attorney, are allowed to see them. Then if at 
any time during one year an application comes into the office for 
a patent for a similar invention, it is the duty of the Commis- 
sioner to give the caveator notice of the fact, and then he must 
complete his application within three months from the date of 
the notice. During this time action upon the interfering appli- 
cation is suspended. When the caveator's application is com- 
pleted, and it is then found that the two interfere, notice of the 
fact is given to each, and by a declaration of interference the 
question of priority is determined by proper proof, and the patent 
is given to the one who is in fact the first inventor. 

A caveat is thus no protection against infringers ; and when an 
invention is fully complete, the better plan is to prepare a full and 
complete application in the first instance ; although patent agents 
sometimes recommend a caveat, because it gives them an addi- 
tional fee. After the first year, caveats may be renewed indefi- 
nitely by paying $10 a year. 

Inventors wishing it, will have caveats filed for them, in strict 
conformity with the rules of the Office at Washington (which is 
highly important), by sending to this office descriptions of their 
inventions, with drawings, sketches, or photographs, with $20, 
the required fees. The official fee at Washington is $10, and the 
cost of preparing the papers, drawings, &c., here, is from $10 to 
$15, depending upon the labor expended. 



12 

VIII. 
REJECTED APPLICATIONS. 

After two years from the time an application for a patent is 
rejected, the invention is deemed to be abandoned, and becomes 
public property. But at any time within the said two years the 
applicant is entitled to have his application reconsidered. 

Patents are very often refused because the precise inventions 
for which they are asked are not accurately described and ex- 
actly defined in the specifications and claims. Those therefore 
who have failed to secure patents upon applications prepared by 
themselves or by inexperienced or unskilful patent agents, should 
not abandon their inventions without having- their cause re- 
viewed at this office, it being no part of the duties of the Patent 
Office at Washington to suggest such modifications or amend- 
ments as may be necessary to correct the errors of agents and 
secure the issue of patents. 

There are in the Patent Office thousands of rejected cases, now 
abandoned and the inventions lost, for which valuable patents 
might have been secured if the requisite skill and knowledge of the 
subjects to which the inventions relate had been employed in 
I)reparing the specifications and prosecuting the applications. But 
there are also many that may yet be saved (not having been 
rejected for more than two years) by suitable and proper amend- 
ments or modifications, and a correct presentation of the cases to 
the Commissioner or the examiners. 

Any applicants who desire to have rejected applications taken 
up and reconsidered, will address a request to this office to that 
effect, giving particulars, and all necessary directions will be im- 
mediately given him for doing so. A moderate fee is charged to 
cover the necessary labor and expense, which will be stated in 
each case. 

IX. 
FORFEITED APPLICATIONS. 

The law requires that when an application has been allowed , the 
final fee of $20 must be paid within six months thereafter, other- 
wise the patent is withheld. After the expiration of said six 
months, if the final fee has not been paid, it is necessary, in order 
to obtain the patent, to make a new application and to pay another 
initial fee of $15 to the Patent Office, proceeding the same in all 
respects as when the application was first made. If such second 
application is not made within two years from the date of the for- 
feiture, the right to obtain the patent is lost, and the invention 



13 

becomes public property. Whenever an application is thus re- 
newed, the applicant has the right to amend or change his claim. 
In all of these forfeited cases the applicants should communi- 
cate with this office, and be advised as to whether then* papers are 
properly drawn, and the claim so framed as to cover theii- actual 
invention, before renewing their applications. Immediate atten- 
tion will be given to all these cases, and the necessary steps taken 
to obtain patents. Besides the fee required to be paid at the 
Office at Washington, a charge of $10 only will be made for the 
services performed at this office, unless the applicant should 
desire to have his papers redrawn, when an additional fee of $10 
will be required. 

X 

APPEALS. 

When an application is filed in the Office at Washington, it is 
first examined by an official caUed a Primary Examiner. His 
duty is to ascertain if a patent, either in this country or abroad, 
has already been issued for a similar invention, or if the same has 
been described in a printed pubhcation, or if it appears in any of 
the rejected cases in the Office, or if, to his knowledge, it is in 
public use, and has been for more than two years, or if it is 
described in any caveat on file in the Office, &c. If after such 
examination he allows the application, the patent is granted, and 
in due time is issued ; but if he find, in his examination, anything 
which he regards as identical or similar, or if he considers, for 
any other reason, the alleged invention not patentable, he so 
reports, stating his reasons, and referring to the prior invention, 
and saj'ing where it may be found, and the application is rejected. 

Then, if the applicant is not satisfied with the decision of the 
Primary Examiner, he may appeal to the ''Examiners-in- Chief," 
so called — there being three officials whose special duty it is to 
review the decisions of the Primary Examiners. If they allow the 
patent, reversing the decision of the Primary Examiner, that is 
the end of the matter, and the patent issues ; but if they agree 
with the Primary Examiner, affirming his decision, refusing 
the patent, the applicant may appeal to and have the case re- 
viewed by the Commissioner of Patents. If the Commissioner 
decides adversely to the application, the applicant has still the 
right to another appeal to the tribunal of last resort, the Su- 
preme Court for the District of Columbia, whose decision is final. 

To conduct these appeals before the several officials named, 
and before the Supreme Court, so as to secure with certainty to 
the appellant all his rights, requires skill, experience, tact, sound 



14 

judgment, and a complete knowledge of the whole field of Patent 
Law, as well as of the practice of the Patent Office. 

The inventor, in case an application for a patent has been 
rejected, and he finds it necessary to appeal from the decision of 
the Primaiy Examiner to the Examiners-in-Chief, or from the 
latter to the Commissioner of Patents, or from the Commissioner 
to the Supreme Court, which is the tribunal of last resort, should 
in such cases communicate with this office, and secure the ad- 
vantages here provided. 

He can do so by a brief statement of his case, made either in 
person at the office, or in a letter by mail, when proper advice 
will be given to him, and the necessary steps taken to secure to 
him his patent in all cases where he is entitled to one. 

The cost to him will depend upon the condition of his case, 
and the necessary labor and services required to carry his appli- 
cation through and secure the patent. 



XI. 
REISSUES. 

It frequently happens that patents are issued upon specifica- 
tions that do not exactly and definitely describe and claim pre- 
cisely what the inventor has really invented. In such cases the 
inventor finds that his patent does not secure to him the exclusive 
right to his invention. He discovers, perhaps, after he has 
entered upon the business to which his invention relates, and in- 
vested capital in it, that his claim covers more than he is entitled 
to, and that it is therefore inoperative, because the claim extends 
to, and embraces what is in use or has been before patented, or 
has been published or described in some printed publication ; or 
he finds that his claim is too narrow, not covering all that he has 
actually invented, and that his patent as granted may be easily 
invaded. Greatly to his disappointment he finds that his patent 
is no real protection to him, and that he is obliged to encounter a 
disastrous competition from others, who are making or using 
that of which he supposed he held the monopoly. 

Our laws, with great liberality, provide a remedy for such de- 
fects in a patent. The inventor is permitted to surrender his 
patent, and file an amended specification with the claim so framed 
as to cover his true and actual invention. On discovering that 
he has obtained a defective patent, the inventor should not re- 
peat his mistake by again ap^Dlying to an incompetent patent 
agent. He is advised to at once communicate with this office, 
sendiug'on his patent, and making as full and clear a statement 
as he can of what he himself thinks he is entitled to. 



15 

If, on examination, it is found that his patent may be stren^h- 
ened by reissue, he will be so advised, and full directions given for 
the necessary steps to surrender his patent and obtain a reissue. 

Under the provisions of the act of 1870, it is necessary that in 
all cases of applications for reissue the patentee himself should 
sign the papers, even though the patent may be exclusively 
owned by an assignee. This is a very unreasonable requirement, 
and will undoubtedly occasion many assignees much trouble. 
But such is the law, and it must be complied with. There is a 
provision, however, that in case the patentee is dead the appli- 
cation may be made by an assignee. 

The fees in cases of reissue are, to the Government $30, to this 
ofiBce from $20 upwards to $35, depending upon the labor and 
necessary expenses to the oflBlce. The entire Government fee, the 
law provides, must be paid in advance, and if the application for 
the reissue is allowed, the patent will reissue without further 
cost or charge. 

XII. 
PROPER CAUTION TO INVENTORS. 

The Commissioner of Patents at Washington gives to inventors 
the following very appropriate and valuable caution, to which 
their attention is here very specially invited : — 

' ' As the value of patents depends largely upon the careful 
preparation of the specification and claims, the assistance of com- 
petent counsel will in most cases be of advantage to the appli- 
cant ; but the value of their services will be proportioned to their 
skill and honesty. So many persons have entered this profession 
of late years, without experience, that too much care cannot be 
exercised in the selection of a competent man. The Office can- 
not assume responsibility for the acts of attorneys, nor can it 
assist applicants in making a selection. It will, however, be a 
safe rule to distrust those who boast of the possession of special 
and peculiar facilities in the OflB.ce, or of procuring patents in a 
shorter time, or with more extended claims than others." 

As has already been intimated on the previous page, one of the 
reasons for the establishment of this ofl&ce is, that inventors and 
others may have access to facilities for the correct transaction of 
all business with the Patent Oflftce, upon which they can rely 
with confidence and certainty, and thus avoid the danger of 
falling into the hands of any of these inexperienced patent 
agents, against whom the Commissioner warns inventors. 

XIII. 
INQUIRIES THAT ARE NOT ANSWERED AT WASHINGTON. 

The Commissioner of Patents informs inventors and others 



16 

that "the Office at Washington cannot respond to in(£uiries as to 
the novelty of an alleged invention in advance of an application 
for a patent, nor upon inquiries founded upon brief and imper- 
fect descriptions, propounded with a view of ascertaining whether 
such alleged improvements have been patented, and if so, to 
whom; that it cannot act as an expounder of the patent law. 
nor as counsellor for individuals, except as to questions arising- 
within the office. " 

The Office at Washington thus being prohibited from giving 
the information referred to, and the law under which the Office 
proceeds having devolved no such duty upon the Commissioner, 
and not having provided any fees for such services to be paid to 
the Office at Washington, all such inquiries may be addressed to 
this office, inclosing, in each case, $5, and correct replies will be 
returned. 

xiy. 

DIRECTIONS FOR CORRESPONDING WITH THIS OFFICE. 

All communications relating to patents or business to be trans- 
acted at the Patent Office at Washington should be addressed to 
the United States and International Patent Office^ Fitch & Co., 
Directors^ 21 Park Boid^ NeiD Ym^k^ and when a reply is desired the 
postage for a return letter should be inclosed. 

All communications should be written in a legible hand, and the 
full post-office address of the writer invariably given. Write the 
name of the post-office, the County, and the State. 

\Vhen an opinion is desired or any information is requested re- 
lating to the rights or duties of inventors, or of assignees of invent- 
ors, or licensees, or upon any matter relating to patents, or grow- 
ing out of the operation of the Patent Laws, parties interested are 
invited to freely correspond with this office, stating their cases as 
plainly and as fully as may be, when the opinion or information 
requested will be promptly given. 



XV. 
HOW TO MAKE REMITTANCES. 

Persons making remittances to this office are advised to do so by 
means of drafts, certified checks, or by Post-Office orders. All 
'money sent by mail will be at the risk of the persons sending it. 

Money should never he sent inclosed in the same package with a 
model or drawings, as it is liable to be lost when thus remitted. 



17 



i3mtxal Mioxmaiion 

OF 

INTEREST TO HVENTORS AND OTHERS. 



WHO MAY OBTAIN A PATENT. 

The recent act of 1870 removes all distinctions, and confers the 
right of obtaining: a patent upon any person, whether citizen or 
alien, who is the original and first inventor or discoverer of any 
new or useful art, machine, manufacture or composition, or any 
new and useful improvement thereof. 

In case of the death of the inventor, his legal representatives 
may apply for a patent for his invention, and in case of assign- 
ment of the whole or any interest in the invention, the patent may 
issue to the assignee of the whole interest, or jointly to the in- 
ventor and the assignee of the undivided interest. 

Joint inventors must apply jointly, and are entitled to a joint 
patent. Neither can claim one separately. To be joint inventors 
they must have united in the invention of the identical thing 
claimed in the patent. Inventors who originate, independently of 
each other, separate devices or improvements in the same ma- 
chine, are not joint inventors, but must apply separately, each for 
a patent for his own invention. 

To be entitled to a patent, the applicant must not only be the' 
oiiginal inventor of the thing applied for, but he must be the firsts 
inventor of it. If it has been known before, that is, if the same 
invention has been produced, completed, and reduced to practice, 
and thus become public property in this country, or if it has 
been patented in this country, or in any other, or if it has been' 
anywhere in this country, or abroad, described in any printed 
work, then the applicant, although the invention may be^ 
original with him, is not the first inventor, and cannot obtain a- 



18 

patent. But its existence or use in any foreign country will not 
bar his obtaining- a patent here. 

Merely conceiving the idea of an improvement or machine is 
not an invention or discovery within the meaning of the Patent 
Law ; it must be mnde^ put into some visible or tangible form to 
be of use to the world ; in other words, reduced to practice. The 
actual construction of a machine or device, or of a model thereof, 
or a full complete drawing of the same, such as will disclose its 
exact character, so that a mechanic can, and does, from the de- 
scription given, construct the thing invented, or a model of it, is 
deemed in law a reducing of the invention to a practical form, and 
will entitle the inventor to a patent. 



HOW TO PROCEED TO OBTAIN A PATENT. 

This is done by presenting to the Commissioner of Patents a 
properly prepared petition, stating the fact of the making of the 
invention, and asking that a patent may be issued for it. This 
is to be accompanied by a specification and drawings, fully, 
accurately, and exactly describing the invention, the mode of its 
construction and operation, with proper references to the draw- 
ings, stating also the true nature of the invention, and setting 
forth the precise thing, or device, which is claimed to be new. 

The entire value of the patent will depend upon the correctness 
of the spe-clficatmi. The patentee will be entitled to hold as his 
own property nothing more than what he thus sets forth in his 
specification as being new, and his own invention ; and if he 
claims what is not really new, or has omitted to specify just that 
feature of the thing described which is new and original, with the 
improvements, his patent will be valueless. Hence the extreme 
importance of employing only such persons as have the requisite 
skill and experience and knowledge, of not only the patent laws, 
but of the subject to which the invention relates, to fully com- 
prehend and accurately define, in any case, those parts or features 
which constitute the essence of the invention. 

Two or more distinct or separate inventions may not be claimed 
in one apphcation ; but where several inventions are necessarily 
connected each with the other, they may be so claimed. 

The applicant is required to make oath or affirmation that he 
believes himself to be the original or first inventor or discoverer of 
the thing claimed as his invention. This oath may be made before 
any person in the United States authorized to administer oaths ; 
or, when the applicant resides in a foreign country, before any mm- 
ister, charge d'affaires, consul, or commissioner, any agent hold- 
ing commission under the government of the United States, or be- 
fore any notary public of the foreign country in which the appli- 



19 

cant may be ; the oath being attested in all cases, in this and 
other countries, by the proper official seal of such notaiy. 

DRAWINGS 

Are in all cases required to be furnished, representing the in- 
vention ; where the nature of the case admits of it, they are 
required to be made upon paper of a certain size and kind, with a 
particular description of ink, and in a particular manner, other- 
wise they will be rejected by the Office at Washington. The for- 
malities requested in the preparation of these drawings will be 
properly observed and attended to at this office, and all necessary 
directions given for signing and witnessing them. 

MODEL. 

A model under the provisions of the late act of 1870 is not in 
all cases required. The applicant, upon filing his specification 
and drawings, may submit to the Commissioner the question, 
whether he shall deposit a model of his invention, and the Com- 
missioner may in his discretion, when the invention is not a com- 
plicated one, and may be clearly understood from the drawings, 
dispense with the model. If a model is important, it should ex- 
hibit every feature of the machine it forms the subject of and 
claim of invention. It must be neatly and substantially con- 
structed of durable materials, and will not be allowed to occupj^ 
a space of more than one foot in length, width, or height. If 
made of pine, or other soft wood, it should be painted, stained, or 
varnished ; glue must not be used, but the parts should be so 
constructed as to resist the action of heat or moisture. A working 
model is always desirable, in order to enable the office fully and 
readily to understand the precise operation of the machinery. 
The name of the inventor, and the assignee if assigned, and also 
the title of the invention, must be affixed upon it in a prominent 
manner. When the invention is a composition of matter, a speci- 
men of each of the ingredients, and of the composition, must ac- 
company the application ; and the name and title affixed, in the 
same manner as upon a model . In cases where the application is 
rejected and stands rejected for more than two years, or is formal- 
ly withdrawn, the model will be returned to the applicant upon 
request. 

The application will not be taken up for examination at the Of- 
fice in Washington until all formalities have been observed and 
the application is completed ; that is, until the papers, including 
the drawings, are properly prepared and executed, and forwarded 
to the office, and until a model, when required, is deposited and 
the fee is paid . 



20 



THE EXAMINATION AT THE OFFICE IN WASHINGTON. 

All cases iu the Patent Oflfice are classified and taken up for 
examination in regular order ; those in the same class being ex- 
amined and disposed of as far as practicable in the order in which 
the respective applications are completed. In special cases, 
however, where the invention is deemed of peculiar importance 
for some branch of the public service, and when for that reason 
the head of some department of the Government specially re- 
quests immediate action , the case will be taken up out of its 
order. 

These cases, together with applications for re-issues or for 
letters patent for inventions, for which foreign patents have 
already been obtained, have precedence over original applications ; 
but they are the only exceptions to the rule above stated in rela- 
tion to the order of examination. The applicant has the right 
to amend, of course, after the first rejection, and he may amend 
as often as the Examiner presents any new references ; and the 
Assistant Commissioner of Patents may, in his discretion, grant 
leave to amend at any time. But no amendments can be made 
so as to introduce, avoid, or devise anything shown in either the 
model or dra^vings, and not mentioned in the original specifica- 
tion. 

The Ofl&ce at Washmgton will not return specifications for 
amendments ; and in no case is any person allowed to take any 
papers, dravdngs, models, or samples from the Office. Copies of 
the same may be obtained by paying for them. 

DATE OF PATENT. 

Every patent will bear date as of a day not later than six 
months from the time at which it was passed and allowed, and 
notice thereof was sent to the applicant or his agent. No patent 
will be antedated. 

WITHDRAWN AND REJECTED APPLICATIONS. 

The applicant may renew his application at any time within 
two years after its rejection; if not renewed within two years, 
his invention becomes public property. 

Where an application has been withdrawn for any reason, the 
proper course then is to file a new application, the same in all 
respects as was made in the first instance. The renewing of the 
application, after the rejection, is accomplished by merely address- 
ing to the Office a written request to that effect. The making 
of a new application is a different thing, that being the filing of a 



21 

new petition, specification, and drawings. By a rule of the 
Office, however, the papers already on file may in all cases, with 
the permission of the Commissioner, be used ; this permission is 
usually given upon request. 

INTERFERENCES. 

An interference is a proceeding- in the Patent Office, the purpose 
of which is to determine which of two or more persons, who 
claim to have invented the same thing, is the first inventor. 

An interference will be declared in the following cases : 

1st. When the parties have applications pending before the Of- 
fice at the same time, both or all the parties claiming to be the 
inventors of the same thing. 

2d. When the applicant having been rejected, upon the prior 
unexpired patent or the prior application of another, claims to 
have made the invention before the prior applicant or patentee. 

3d. When the invention is claimed in a renewed application 
which is shown or claimed in an application filed, or unexpired 
patent granted prior to the filing of such renewed application. 

4th. When an applicant for a re-issue embraces in his amended 
specification any new or additional description of his invention, 
or enlarges his claim, or makes a new one, and thereby includes 
therein anything which has been claimed in any patent granted 
subsequent to the date of his original application, as the inven- 
tion of another person, an interference will be declared between 
the application and any such unexpired patent or pending appli- 
cation. If the re-issue application claims only what was granted 
in the original patent, it may be put into interference with any 
pending application in which the same thing is shown, provided 
the later applicant claims to be the prior inventor, and is not 
barred a patent by public use or abandonment. 

5th. When an application is found in conflict with a caveat, the 
caveator is allowed a period of three months within which to pre- 
sent an application, when an interference may be declared. 

6th. The Patent Office reserves to itself the right, when two 
applications are pending at the same time, in one of which a de- 
vice may be described which is claimed in the other, to declare an 
interference to determine with whom is priority of invention, 
without reference to the order in which such applications may 
have been filed. Where one of the parties resides abroad, and 
has no known agent in the United States, then, in addition to the 
notice sent by mail, notice of the interference may be given by 
publication in a newspaper of general circulation in the city of 
Washington once a week for three successive weeks. The fact 
that one of the parties has obtained a patent will not prevent an 
interference ; for, although the Commissioner has no power to 



22 

cancel a patent already issued, he may, if he finds that another 
person was the prior inventor, give him also a patent, and thus 
place them on an equal footing before the courts and the public. 

After an interference is declared, each party is required, before 
the time is set for the taking- of testimony, to file in the office a 
statement under oath, giving the date and a detailed history of 
the invention, showing the successive experiments, steps of de- 
velopment, extent and character of use and forms of embodi- 
ment. Upon the filing of these statements, if either fails to over- 
come the prima fade case made by the date of the application of 
the other party, or if either shows that the invention of the party 
filing the statement has been abandoned, or that it has been in 
public use for more than two years prior to the application, or if 
either party fails to file such a declaration, then the opposite 
party in any of the cases here stated is entitled to an adjudication 
by default upon the case as it stands upon the record. 

The party who first files his application or caveat, or who has 
obtained a patent before an interfering application is filed, is 'prima 
facie upon the record the first inventor, and the burden of proof 
rests upon the opposite party in an interference to prove to the 
contrary. Where no testimony is taken by the party upon whom 
rests this burden of proof, or where testimony has been taken by 
such party and not by the other party, during the time assigned 
to the latter for taking testimony, the case is considered closed, 
and at the expiration of the time assigned to such parties respec- 
tively is set do^vn for hearing, at any time not less than (10) ten 
days thereafter. 

In all cases of interference, the time for taking testimony of 
the parties thereto respectively is fixed by the Patent Office, and 
a notice of the same given to the said parties or their attorneys. 
Such time may be extended by the Commissioner of Patents, up- 
on application to him, showing a good reason therefor, by affidavit 
and notice to the opposite party, with service of a copy of the 
affidavit, and naming the time when the motion for such exten- 
sion will be made before the Commissioner. 

All cases of interference, when ready for hearing, are tried be- 
fore the Examiner in charge of interferences. When an inter- 
ference has been properly declared, it will not be dissolved with- 
out the question of priority being determined by testimony, or 
the written concession of one of the parties, unless the invention 
is found not to be patentable, or to have been abandoned, or that 
it has been in public use for more than two years prior to the ap- 
plication of either party, or that no interference in fact exists. 

No amendments to the specification will be allowed during the 
pendency of an interference, except that either party may, if he 
so elect, withdraw from the application the claims attached in an 
interference, and file a new application thereafter, provided that 



23 

the claims so withdrawn cover inventions which do not involve the 
devices in interference, and provided also that the devices in in- 
terference are eliminated from the new application. In such case 
the latter will be examined without reference to the interference 
from which it was withdrawn. 

The reader will readily understand from what has been said 
above in relation to interferences, that the proceedings therein 
are somewhat intricate, and require experienced skill in conduct- 
ing them properly, 

Applicants for patents, or patentees who find themselves placed 
in interference with rival claimants for the inventions, should not 
hazard their interests by engaging unskilled persons or patent 
agents, whom they do not know to be in all respects competent 
to conduct interferences and to transact this business for them. 

They are advised to communicate at once with this ofiice, and 
obtain here the assistance which they may require. The fee re- 
quired in cases of interference will depend upon the labor per- 
formed and expense necessarily incurred. In all cases it wiU be 
moderate. 

KE-ISSUES. 

A re-issue is granted to the original patentee, his legal repre- 
sentatives or the assignees of the entire interest, when by reason 
of a defective or insufficient specification, the original patent is 
inoperative or invalid, provided the error has arisen from inad- 
vertence, arccident or mistake, and without any fraudulent or de- 
ceptive intention ; but although the patent has been assigned, the 
apijlication must be made, and the specification sworn to by the 
inventor, and the petition for a re-issue must set forth under oath 
the facts indicated above. 

In amending the specification for a re-issue, the general rule is, 
that whatever is really embraced in the original invention, or was 
described or shown, that it might have been embraced in the 
original patent, may be set forth and claimed in such amended 
specification ; but no new matter can be introduced, nor can the 
model or drawings be amended, except each by the other ; but 
where there is neither model nor drawings, amendments may be 
made upon proof satisfactory to the Commissioner that such new 
matter or amendment was a part of the original invention, and 
was omitted from the specification by inadvertence, accident, or 
mistake. 

In re-issuing a patent, the patentee may have at his option the 
patent divided, where there are two or more separate devices, or 
inventions embraced in it, and have issued to him a separate 
patent for each distinct invention. In such case separate spe- 
cifications, drawings, and models, ajs the caee naay be, wUl be 



21 

I squired to be filed for each patent, and all will be issued at the 
same time. 

Re -issued patents are considered a continuation of the original 
patent, and expire at the end of the term for which the original 
patent was granted. 

In all cases of applications for re -issues the original claim, if 
reproduced in the amended specification, is subject to re-examina- 
tion, and may be revised and restricted in the same manner as in 
original applications ; but if any re-issue be refused the original 
patent will, upon request, be returned to the applicant. The fee 
required to be paid on filing the appHcation for re-issue is $55 ; 
$30, the government fee, payable at "Washington, and §25, the 
fee charged in all simple cases, at this office, for prosecuting the 
application. 

DISCLAIMERS. 

Whenever the patentee, or his heirs or assigns, whether of the 
whole or of any sectional interest, discovers that by mistake the 
claim in the patent is too broad, embracing more than the paten- 
tee really invented, he may file a disclaimer in the Patent Office, 
setting forth clearly the part which he disclaims as not being new, 
and thereafter his patent will have the same effect, and be con- 
strued in the same manner as if it had been originally issued with 
the part thus disclaimed left out. 

In framing the ^vritten disclaimer to be filed as above described, 
it will be readily seen that great care is required, also a full know- 
ledge of the whole subject to which the patent relates, in order 
that no more shall be disclaimed than is required to eliminate 
from the patent those features which are not new, and at the 
same time, to, in fact, remove from it all features that are not 
novel, and of which the patentee was not the original and first 
inventor; otherwise the patentee may find himself in a worse 
condition after having made the disclaimer than he was before 
making it. 

In all cases where inventors have reason to expect that 
their patents may be defective, they are recommended to apply 
to this office for information upon the subject, when they will be 
correctly advised, whether a disclaimer will effectually obviate 
and remove the defect in their patents, or whether re-issues of 
them are necessary. Full instructions will be given for taking" 
the necessary steps for remedying all or any defects that may 
exist. 

The better plan is at once to forward their patents to this 
office, with a statement of what they themselves may expect as 
being the defects existing in them. 

The fee on filing a disclaimer is $20 ; $10 of which is the 
government fee, and $10 the charge for services at this office. 



25 



EXTENSIONS. 

No patent granted since Marcli 2d, 1861, can be extended by 
the Commissioner of Patents. But Congress has power to extend 
any patent. All patents granted prior to Marcli 2d, 1861, the 
Commissioner has the power to extend in particular cases. The 
law provides that when, in the opinion of the Commissioner, the 
inventor has not been reasonably remunerated for his invention, 
without neglect or fault on his part, and if his invention was 
really useful when patented, and its extension would be consistent 
with the interests of the public, the Commissioner may extend it 
for a term of seven years. 

The extension must be applied for not more than six months, 
nor less than ninety days, prior to the expiration of the patent. 
There is no power in the Commissioner to renew a patent after it 
has once expired. 

In making" the application for an extension, the applicant is 
required to furnish to the OjSice a statement in writing*, under 
oath, of the ascertained value of the invention, and of his receipts 
and expenditures on account thereof, both in this and foreign 
countries. This statement must be made particular and in detail, 
unless sufficient reason is set forth why such a statement cannot 
be furnished, and it must be filed within thirty days after filing 
the petition. 

Any person interested is at liberty to oppose an extension by 
filing notice at the Patent Office of his purpose to make such op- 
position, when both parties may take testimony, each giving 
reasonable notice to the other of the time and place of taking 
such testimony, which must be taken according to the rules pre- 
scribed by the Commissioner in cases of interference as hereinbe- 
fore stated. The person opposing is required to file his reasons 
of opposition in the Patent Office, at least twenty days before 
the hearing; and no testimony will be received unless by consent, 
which has been taken within thirty days next after the filing of 
the petition for an extension. The time for taking testimony by 
the several parties, and the day of hearing is fixed by the Com- 
missioner ; notice of which is given to the applicant and the op- 
posing parties. 

The decision of the Commissioner of Patents upon applications 
for extensions is final, from which there is no appeal, and the 
policy pursued in granting time and withholding extensions has 
been different by different Commissioners, Some of them have 
been very liberal, requiring but little testimony, tending to prove 
that the patentee had not been sufficiently remunerated, while 
others have shown less liberality, and required applicants to make 
out very strong cases of inadequate compensation before deciding 



26 

to extend their patents. But all have, and will undoubtedly 
continue to require substantially, compliance with the law ; and 
this renders it necessary for applicants to secure and have the ad- 
vantage of competent assistance in preparing and presenting their 
applications at the Patent Office. Patentees desiring further in- 
formation, and wishing to secure aid in making applications for 
extensions of patents, are invited to communicate with this office, 
either personally or by mail. Prompt attention will be given to 
all such applicants, and the necessary information and assistance 
furnished to them. 

The government fee. on filing an application for extension, is 
$50, and then, if the extension is granted, an additional fee of 
$50 must be paid. The fee payable at this office in addition will 
depend upon the labor necessarily performed, the charge being 
merely enough to cover the necessary expenses. 

FOREIGN PATENTS. 

The taking out of a patent in a foreign country does not pre- 
judice the patent previously obtained here, nor does it prevent 
the obtaining of a patent here subsequently by the party obtain- 
ing the foreign patent, unless the invention shall have been intro- 
duced into public use in the United States for more than two 
years prior to the application here. But the patent obtained 
here will expire at the same time that the foreign patent, pre- 
viously obtained, expires, provided, however, that in no case will it 
continue in force here more than seventeen years. The inventor 
is required to make oath, according to his best knowledge and 
belief, that the invention has not been in use in the United States 
more than two years prior to his application in this country ; and 
he should state the fact, if he has obtained a patent abroad, giv- 
ing its date, and if there be more than one, the date of the one 
having the shortest term. 

CAVEATS. 

Any citizen of the United States, or alien who has resided for 
one year last past in the United States, and has made oath of his 
intention to become a citizen thereof, can file a caveat in the 
secret archives of the Patent Office on the payment of a fee of 
$10; and if at any time within one year thereafter, another per- 
son applies for a patent for the same invention, the caveator wiU 
be entitled to notice, to file his application, and to go into inter- 
ference with the applicant for the purpose of proving priority of 
invention, and obtaining the patent if he succeed. He must file 
his application within three months from the day on which the 
notice and matter is deposited in the Post Office at Washington, 



27 

adding the regular time for the transmission of the same to him. 
And he may renew his caveat at the end of one year by paying a 
second caveat fee, which will continue it in force for one year 
longer, and so on from year to year, as long as the caveator may 
desire. 

The caveator will not be entitled to notice of any application 
pending at the time of filing his caveat, nor of any application 
filed after the expiration of one year from the date of filing the 
caveat, unless the same is renewed by the payment of a second 
fee of $10. 

While the description of the invention and caveat is not re- 
quired to be as particular as in a full specification, still it should 
be sufficiently precise to give a clear idea of the invention, so 
that the office may determine whether there is a probable inter- 
ference when a subsequent application for the same thing is filed ; 
and it should be accompanied by drawings or sketches, although 
these are not absolutely essential. 

Caveat papers cannot be withdrawn from the office, nor under- 
go alterations after they have been once filed. Copies of them 
will be furnished to the caveator, or his authorized attorney, at 
any time upon application. 

KEPAYMENT OF MONEY. 

Money paid by actual mistake will be refunded by the Patent 
Office, but a mere change of purpose, after the payment of money, 
will not entitle the party to demand such return. 

PATENT OFFICE FEES. 

The following is the tariff of fees established by law: — 
On filing every application for a design for three years 

and six months . $10.00 

On filing every application for a design for seven years, . . 15.00 

On filing every application for a design for fourteen years, 80.00 

On filing every caveat, 10. 00 

On filing every application for a patent, 15.00 

On issuing each original patent, 20. 00 

On filing a disclaimer, 10.00 

On filing every application for a re-issue, 30 00 

On filing every application for a division of a re-issue, .... 30.00 

On filing every application for an extension, 50. 00 

On the grant of every extension, 50.00 

On filing the first appeal from a primary examiner to ex- 
aminers-in-chief, 1 0. 00 

On filing an appeal to the Commissioner from examiners- 
in-chief, 20.00 



28 

On depositing a trade mark for registration $25.00 

For every copy of a patent or other instrument, for every 

100 words, 10 

For every certified copy of drawing, the cost of having it 

made. 
For copies of papers not certified, the cost of having them 

made. 
For recording every assignment of 300 words or under, . . 1.00 
For recording every assignment, if over three hundred 

and not over 1,000 words, 2.00 

For recording every assignment, if over 1,000 words, .... 8.00 

Special directions are given by the Commissioner of Patents 
for transmitting money to the Patent Office which it is necessary 
to observe. But all persons doing business with the Office at 
Washington through this office should remit all fees directly to 
us, together with any fees payable for services here, and we ^dll 
undertake the transmission to the Office in Washington, and be- 
come responsible for the same. 

Remittances to this office may be made by certified checks, by 
drafts, or by Post-Office orders. To avoid the possibility of loss 
to the persons remitting money, we would recommend that in all 
cases some one of the modes indicated be adopted. 

EEVENUE STAMPS. 

A fifty-cent revenue stamp is required to be placed upon every 
power of attorney, authorized attorney, or agent, to transact bus- 
iness at the Patent Office relative to an application for a patent, 
re-issiie, or extension. 

All assignments of patents, both those directing a patent to 
issue to an assignee, as well as all that may be sent to the Patent 
Office for record, require a five-cent revenue stamp upon each 
sheet of paper upon which the assignment is written or printed, 
and no power of attorney will be recognized at the Patent Office, 
and no assignment received or recorded without these stamps. 

CORRESPONDENCE WITH THE PATENT [OFFICE AT WASH- 
INGTON. 

All business with the Patent Office is required to be transacted 
in writing, in conformity with certain rules established by the 
Commissioner of Patents, and the action of the Office is predi- 
cated exclusively upon the written record. 

When an attorney is employed, the correspondence is always 
conducted with the Patent Office by the attorney only. A double 
correspondence with him and his principal is not allowed. 



29 

No caveat, nor any paper connected with any pending applica- 
tion for a patent, is open to the inspection of any but sworn 
officials in the office, and the parties who have filed such papers, 
and their authorized agents. Nor will any information- be given 
by the Patent Office to any other person relating to such papers, 
excepting in case of interference, in which case all parties have a 
right to inspect the papers of the opposite parties, relating to the 
subject of interference. Even after a case is rejected the appli- 
cation is regarded as pending for the space of two years after the 
date of the rejection, when, if no further steps have been taken, 
the case will be regarded as abandoned, and will no longer be pro- 
tected by any rule of secrecy, and then all papers relating to it 
will be open to public inspection. 

Inasmuch as inventors and others interested in patents are not 
usually familiar with the formalities required in conducting cor- 
respondence and transacting business with the Patent Office, as 
above indicated, they are invited to avail themselves of the as- 
sistance provided at this office. All communications relating to 
these affairs will receive prompt attention, and all information 
desired will be freely given. 



ASSIGNMENTS. 

A patent may be assigned, either as to the whole interest or any 
undivided part thereof, by any instmment of writing. No par- 
ticular form of words is necessary to constitute a valid assign- 
ment, nor need the instrument be sealed, witnessed, or acknow- 
ledged. 

A patent will, upon request, issue directly to the assignee or 
assignees of the entire interest in any invention, or to the in- 
ventor and the assignee jointly, when an undivided part only of 
the entire interest has been conveyed. 

In every case where a patent issues or re -issues to an assignee, 
the assignment must be recorded in the Patent Office at least five 
days before the issue of the patent, and the specification must be 
sworn to by the inventor. 

When the patent is to issue in the name of the assignee, the 
entire correspondence should be in his name. 

The patentee may grant and convey an exclusive right under 
his patent to the whole or any specified portion of the United 
States by an instrument in writing. 

Every assignment, or grant of an exclusive territorial right, 
must be recorded in the Patent Office within three months from 
the execution thereof ; otherwise it will be void as against any 
subsequent purchaser or mortgagee for a valuable consideration 
without notice ; but if recorded after that time it will protect the 



30 

assignee or grantee against any such subsequent purchaser, whose 
assignment or grant is not then on record. 

The patentee may convey separate rights under his patent to 
make, or to use, or to sell his invention, or he may convey terri- 
torial or shop rights, which are not exclusive. Such conveyances 
are mere licenses, and need not be recorded. 

Assignments are recorded in their turn, v^thin a few days 
after their reception, and then transmitted to the persons 
entitled to them. 



THE 

PATENT LAWS 

OF THE 

UNITED STATES OF AMERICA. 

PASSED JTLY 8, 1870. 



AJT ACT lo revise, consolidate, and amend the statutes relating to patents and 
copy-rights. 

Be it enacted by the Senate and Rmise of Eepresentatives of the United States of 
America in Congress as!^emhled : That there shall be attached to the Department 
of the Interior the office, heretofore established, known as the Patent-Office, 
wherein all records, books, models, drawings, specifications, and other papers and 
things pertaining to patents shall be safely kept and preserved. 

OFFICERS, SALARIES, AND SURETIES. 

Pec. 2. ATid he it further ena^-ted, That the officers and employees of said 
office shall continue to be : one Commissioner of Patents, one Assistant Comis- 
sioner, and three examlners-in-chicf, to be appointed by the President, and by 
and with the advice and consent of the Senate : one chief clerk, one cxammer in 
charge of interferences, twenty-two principal examiners, twenty-two first -assist- 
ant examiners, twenty-two second-assistant examiners, one librarian, ojie machi- 
nist, five clerks of class f^ur, six clerks of class three, fifty clerks of class two, 
forty-five clerks of class one. and one messenger and purchasing clerk, all of whom 
shall be appointed by the Secretary of the Interior, upon nomination of the Com- 
missioner of Patents. 

Skc. 8. An^l be it further enacted, That the Secretary of the Interior may also 
appoint, upon like nomination, such additional clerks of classes two and one, and 



32 

of lower grades, copyists of drawings, female copyists, skilled laborers, laborers, 
and watchmen, as may be from time to time appropriated for by Congress. 

Sec. 4. A?ul be it Jurther enacted. That the annual salaries of the officers and 
emploN-ees of the Pacent-OfRce shall be as follows : 

Of the Commissioner of Patents, four thousand five hundred dollars. 

Of the Assistant Commissioner, three thousand dollars. 

Of the examiners-m-chief. three thousand dollars each. 

Of the chief clerk, two thousand five hundred dollars. 

Of the examiner m charge of interferences, two thousand five hundred dollars. 

Of the principal examiners, two thousand five hundred doUars each. 

Of the first assistant examiners, one thousand eight hundred dollars each. 

Of the second assistant examiners, one thousand six hundred dollars each. 

Of the librarian, one thousand eight hundred dollars. 

Of the machinist, one thousand six hundred dollars. 

Of the clerks of class four, one thousand eight hundred dollars each. 

Of the clerks of class three, one thousand six hundred dollars each. 

Of the clerks of class two, one thousand foirr Inmdred dollars each. 

Of the clerks of class one, one thousand two hundred dollars each. 

Of the messenger and purchasing clerk, one thousand dollars. 

Of laborers and watchmen, seven hundred and twenty dollars each. 

Of the additional clerks, copyists of drawings, female coi)yists, and skilled 
laborers, such rates as may be fixed by the acts making appropriations for them. 

Sec. 5. And he it further enacted. That all officers and employees of the 
Patent-Office shall, before entering upou their duties, make oath for affirmation 
truly and faithfully to execute the tnists committed to them. 

Sec. 6. And he it further enacted. That the Commissioner and chief clerk, be- 
fore entorinjr upon their duties, shall severally give bond, with sureties, to the 
Treasurer of the United States, the former in the sum of ten thousand dollars, 
and the latter in the sum of five thousand dollars, conditioned for the faithful 
discharge of their duties, and that they will render to the proper officers of the 
treasury u true accoimt of all money received by virtue of their office. 

DUTIES OF COMMISSIO>'ER, AND OTHERS. 

Sec. 7. And he it f mother enacted. That it shall be the duty of the Commissioner, 
under the direction of the Secretary of the Interior, to superintend or perform all 
the duties respecting the srrantmg and issuing of patents which herein are, or 
may hereafter be, by law directed to be done ; and he shall have charge of all 
books, records, papers, models, machines, and other things belonging to said 
office. 

Sec. 8. Ajid he it further enacted. That the Commissioner may send and receive 
by mail, free of postage, letters, printed matter, and packages relating to the busi- 
ness of his office, including Patent-Office reports. 

Sec. 9. And he it further enacted. That the Commissioner shall lay before 
Congress, in the month of January, annually, a report giving a detailed statement 
of all moneys received for patents, for copies of records or drawings, or from any 
other source whatever ; a detailed statement of all expenditures for contingent 
and miscellaneous expenses : a list of all patents which were granted during the 
preceding year, designating under proper heads the subjects of such patents : an 
alphabetical list of the patentees N\-ith their places of residence ; a list of all 
patents which have been extended during the year : and such other information, 
of the condition Of the Patent-Office as may be useful to Congi-ess or the public. 

EXAMIXERS-Ds-CHIEF. 

Sec. 10. Alul he it further enacted. That the examiners-in-chief shall be per- 
sons of competent legal knowledge and scientific ability, whose duty it shall be, on 
the ^^Titten petition of the appellant, to re^-isc and determine upou the vahdity of 
the adverse decisions of examiners upon applications for patents, and for reissues 
of patents, and in interference cases ; and when required by the Commissioner,- 



33 

they shall hear and report upon claims for extensions, and perform such other 
like duties as he may assie:n them. 

Sec. 11. And be it further enacted. That in case of the death, resignation, 
absence, or sickness of the Commissioner, his duties shall devolve upon the Assis- 
tant Commissioner until a successor shall be appointed, or such absence or sick- 
ness shall cease. 

Sec. 12. And be it further enacted. That the Commissioner shall cause a seal 
to be provided for said office, with such device as the President may approve, with 
which all records or papers issued from said office, to be used in evidence, shall be 
authenticated. 



Sec. 13. And be if further enacted, That the Commissioner shall cause to be 
classified and arranged in suitable cases, in the rooms and galleries provided for 
that purpose, the models, specimens of composition, fabrics, manuJcactures, works 
of art, and designs, which have been or shall be deposited in said office ; and said 
rooms and galleries shall be kept open during suitable hours for public inspection. 

Sec. 14. And be it further enacted. That the Commissioner may restore to the 
respective applicants such of the models belonging to rejected applications as he 
shall not think necessary to be preserved, or he may sell or otherwise dispose of 
them after the application has been finally rejected for one year, paykig the pro- 
ceeds into the treasury, as other patent moneys are directed to be paid. 

Sec. 15. And be it further enacted. That there shall be purchased, for the 
use of said office, a library of such scientific works and peiiodicals, both foreign 
and American, as may aid the officers in the discharge of their duties, not exceed- 
ing the amount annually appropriated by Congress for that purpose. 

OFFICERS AXD EMPLOYEES NOT TO HOLD PATENTS. 

Sec. 16. And be it further enacted, That all officers and employees of the 
Patent-Office shaU be incapable, during the period for which they shall hold their 
appointments, to acquu'e or take, directly or indirectly, except by inheritance or be- 
quest, any right or interest in any patent issued by said office. 

Sec. 17. And be it further enacted. That for gross misconduct the Com- 
missioner may refuse to recognize any person as a patent agent, either generally 
or in any particular case ; but the reasons for such refusal shaU be duly recorded, 
and be subject to the approval of the Secretary of the Interior. 

Sec. 18. And be it further enacted. That the Commissioner may require all 
papers filed in the Patent-Office, if not correctly, legibly, and clearly written, to be 
printed at the cost of the party filing them. 

Sec. 19. And be it further enacted. That the Commissioner, subject to the ap- 
proval of the Secretary of the Interior, may from time to time establish rules and 
regulations, not inconsistent with law, for the conduct of proceedings in the Patent- 
Office. 

PATENTS. 

Sec. 20. And be it further enacted. That the Commissioner may print or 
cause to be printed copies of the specifications of all letters-patent, and of t]\e 
drawings of the same, and copies of the claims of current issues, and copies of 
Buch laws, decision^ rules, regulations, and circulars as may be necessary for 
the information of tne public. 

Sec. 21. And be it further enacted, That all patents shall be issued in the 
name of the United States of America, under the seal of the Patent Office, and 
shall be signed by the Secretary of the Interior and countersigned by the Com- 
missioner, and they shall be recorded, together with the specification, in said 
office, in books to be kept for that purpose. 

Skc. 22. And be it further eimcted. That every patent shall contain a short 
title or description of the invention or discovery, correctly indicating its nature 
and design, and a grant to the patentee, his heirs or assigns, for the term of 



34 

seventeen years, of the exclusive right to make, use, and vend the said invention 
or discover}^ throughout the United States and the Territories thereof, referring 
to the specification for the particulars thereof ; and a copy of said specifications 
and of the drawings shall be annexed to the patent and be a part thereof. 

DATE OF PATENTS. 

Sec. 23. And he it further enacted,, That every patent shall date as of a day 
not later than six months from the time at which it was passed and allowed, and 
notice thereof was sent to the applicant or his agent ; and if the final fee shall 
not be paid within that period, the patent shall be withheld. 

WHAT MAY BE PATENTED. 

Sec. 24. And be it further enacted,, That any person who has invented or dis- 
covered any new and useful art, machine, manufacture, or composition of matter, 
or any new and useful improvement thereof, not known or used by others in this 
country, and not patented or described in ans' printed publication in this or in any 
foreign country, before his invention or discovery thereof, and not in public use 
or on sale for more than two years prior to his application, unless the same is 
proved to have been abandoned, may, upon payment of the duty required by law, 
and other due proceedings had, obtain a patent therefor. 



FOREIGN INVENTIONS MAY BE PATENTED. 

Sec. 25. And he it further enacted,, That no person shall be debarred from re- 
ceiving a patent for his invention or discovery, nor shall any patent be declared 
invalid, by reason of its having been first patented or caused to be patented in a 
foreign country ; provided the same shall not have been introduced into public 
use in the United States for more than two years prior to the application, and that 
the patent shall expire at the same time with the foreign patent, or, if there be 
more than one, at the same time with the one having the shortest term ; but in no 
case shall it be in force more than seventeen years. 

DESCRIPTION AND SPECIFICATION. 

Sec. 26. And he it further enacted., That before any inventor or discoverer shall 
receive a patent for his invention or discovery, he shall make apphcation therefor, 
in writing, to the Commissioner, and shall file in the Patent-Office a uTitten de- 
Gcription of the same, and of the manner and process of makuig, constructing, 
compounding, and using it, in such full, clear, concise, and exact terms as to enable 
any person skilled in the art or science to which it appertains, or with which it is 
most nearly connected, to make, construct, compound, and use the same ; and in 
case of a machine, he shall explain the principle thereof, and the best mode in 
which he has contemplated apphing that principle so as to distinguish it from 
other inventions ; and he shall particularly point out and distinctly claim the part, 
improvement, or combination which he claims as his invention or discoveiy ; and 
said specification and claim shall be signed by the inventor^nd attested by two 
witnesses, * 

DRAWINGS. 

Sec. 27. And he it further enacted. That when the nature of the case admits 
of drawings, the applicant shall furnish one copy signed by the inventor or his 
attorney in fact, and attested by two witnesses, which shall be fiJed iif the Patent- 
Office ; and a copy of said di-ax^ings, to be furnished by the Patent-Office, shall be 
attached to the patent as a part of the specification. 



35 



COMPOSITIONS. 

Sec. 28. And be it further enacted, That when the invention or discovery is of 
a composition of matter, the applicant, if required by the Commissioner, shall 
furnish specimens of ingredients and of the composition, sufiacient in quantity- for 
the purpose of experiment. 



Sec. 29. And be it further enacted, That in all cases which admit of represen- 
tation by model, the applicant, if required by the Commissioner, shall furriish one 
of convenient size to exhibit advantageously the several parts of his invention or 
discovery. 

OATH OF INVENTION. 

Sec. so. And be it further enacted, That the applicant shall make oath or afRr- 
mation that he does verily believe himself to be the original and first inventor or 
discoverer of the art, machine, manufacture, composition, or improvement for 
which he solicits a patent ; that he does not know and does not believe that the 
same was ever before known or used ; and shall state of what country he is a citi- 
zen. And said oath or affirmation may be made before any person in the United 
States authorized by law to administer oaths ; or when the applicant rt sides in a 
foreign country, before any minister, charge d'affaires, consul, or commercial 
agent, holding commission under the government of the United States, or before 
any notary public of the foreign country in which the applicant may be. 

OFFICIAL EXAJMINATION. 

Sec. 31. And be it further enacted. That on the filing of any such application 
and the payment of the duty required by law, the Commissioner shall cause an 
examination to be made of the alleged new invention or discovery ; and if on such 
examination it shall appear that the claimant is justly entitled to a patent under 
the law, and that the same is sufficiently useful and important, the Commissioner 
shall issue a patent therefor. 

completion of application. 

Sec. 32. And be it further enacted. That all applications for patents shall be 
completed and prepared for examination within two years after the filing of the 
petition, and in default thereof, or upon failure of the applicant to prosecute the 
same within two years after any action therein, of which notice shall have been 
given to the applicant, they shall be regarded as abandoned by the parties thereto, 
unless it be shown to the satisfaction of the Commissioner that such delay was un- 
avoidable. 

RIGHTS OP ASSIGNEES. 

Sec. 33. And be it further enacted, That patents may be granted and issued or 
reissued to the assignee of the inventor or discoverer, the assignment thereof 
being first entered of record in the Patent-Office ; but in such ca-e the application 
for the patent shall be made and the specification sworn to by the inventor or dis- 
coverer ; and also, if he be living, in case of an application for reissue. 

PATENTS AFTER DECEASE OF INVENTOR. 

Sec. 34. And be it further enacted. That when any person, having made any 
new invention or discovery for which a ])atent might liave- been granted, dies be- 
fore a patent is granted, the right of applying for and obtaining the patent shall 
devolve on hia cxc cutor or administrator, in ti-ust for the heirs at law of the de- 



36 

ceased, in ca?e he phall have died intestate ; or if he shall have left a will, dispos- 
ing of the same, then in trust for his devisees, in as full manner and on the same 
terms and conditions as the same might have been claimed or enjoj-ed by him in 
his lifetime ; and when the application shall be made by such h\gal representa- 
tives, the oath or affirmation required to be made shall be so varied in form that 
it can be made by them. 

LAPSED AXD REJECTED CASES. 

Sec. 85. And be it further enacted. That any person who has an interest in an 
invention or discovery, whether as inventor, discoverer, or assignee, for which a 
patent was ordered to issue upon the payment of tlie final fee, but who has failed 
to make pa3Tncnt thereof within six months from the time at which it was passed 
and allowed, and notice thereof was sent to the applicant or his agent, shall have 
a right to make an application for a patent for such invention or discovery the 
same as in the case of an original application : Provided, That the second applica- 
tion be made within two years after the allowance of the original application. But 
no person shall be held responsible in damages for the manufacture or use of any 
article or thmg for which a patent, as aforesaid, was ordered to issue, prior to the 
issue thereof : And jrrovided further, That when an application for a patent has 
been rejected or withdrawn, prior to the passage of this act, the applicant shall 
have six months from the date of such passage to renew his application, or to 
file a new one ; and if he omit to do either, his application shall be held to have 
been abandoned. Upon the hearing of such renewed applications abandonment 
shall be considered as a question of fact. 

ASSIG^'MENTS, GRANTS, AND CONVEYANCES. 

Sec. 36. And he it further enacted. That every patent or any interest therein 
shall be assignable in law, by an instrument in ^vriting ; and the patentee or his 
assigns or legal representatives may, in like manner, grant and convey an exclusive 
right under his patent to the whole or any specified part of the United States ; and 
said assignment, grant, or conveyance shall be void as against any subsequent pur- 
chaser or mortgagee for a valuable consideration, without notice, unless it is re- 
corded in the Patent-Ofilce within three months from the date thereof. 

PURCILV'^ERS' RIGHTS BEFORE PATENT. 

Sec. 37. And he it further er.acted. That every person who may have purchased 
of the inventor, or with his knowledge and consent may have' constructed any 
newly invented or discovered machine, or other patentable article, prior to the 
appUcation by the inventor or discoverer for a patent, or sold or used one so con- 
structed, shall have the right to use, and vend to others to be used, the specifio 
things so made or purchased, without hability therefor. 

PATENTED ARTICLES TO BE STAilPED. 

Sec. 38. And he it further enacted. That it shall be the duty of all patentees, 
and their assigns and legal representatives, and of all persons making or vending 
any patented article for or under them, to give sufficient notice to the pubhc that 
the same is patented, either by fixing thereon the word " patented,"' together with 
the day and year the patent was granted ; or when, fi-om the character of the 
article, this cannot be done, by fixing to it or to the package wherein one or more 
of them is inclosed, a label containmg the like notice : and in any suit for infringe 
ment, by the party failing so to mark, no damages shall be recovered by the plain- 
tiff, except on proof that the defendant was duly notified of the infringement, and 
continued, after such notice, to make, use, or vend the article so patented. 

PENALTY FOR FALSE MARKING. 

Sec. 30. And he it further enacted. That if any person shall, in any manner, 
mark upon anything made, used, or sold by him for which he has not obtained a 



37 

patent, the name or any imitation of the name of any person who has obtained » 
patent therefor, without the consent of such patentee, or his assigns or legal 
representatives ; or shall in any manner mark upon or affix to any such patented 
article the word " patent '' or "patentee," or the words "letters-patent," or any 
word of like import, with intent to imitate or counterfeit the mark or device of the 
patentee, without having the Ucense or consent of such patentee or his assigns or 
legal representatives ; or shall in any manner mark upon or affix to any unpatented 
article the word "patent," or any word importing that the same is patented, for 
the purpose of deceiving the public, he shall be hable for eveiy such offence to a 
penalty of not less than one hundred dollars, wdth costs; one moiety of said 
penalty to the person who shall sue for the same, and the other to the use of the 
United States, to be recovered by suit in any district court of the United States 
within whose jurisdiction such offence may have been committed. 

CAVEATS. 

Sec. 40. And he it further enacted^ That any citizen of the United States, who 
shall have made any new invention or discoverv, and shall desire further time to 
mature the same, may, on payment of the duty required by law, file in the Patent- 
Office a caveat setting forth the design thereof, and of its distinguishing charac- 
teristics, and praying protection of his right until he shall liave matured his in- 
vention ; and such caveat shall be filed in the confidential archives of the office 
and preserved in secrecy, and shall be operative for the term of one year from the 
fihng thereof ; and if application shall be made within the year by any other per- 
son for a patent with which such caveat would in any manner interfere, the Com- 
missioner shall deposit the description, specifications, drawings, and model of 
such application in like manner in the confidential archives of the office, and give 
notice thereof, by mail, to the person filing the caveat, who, if he would avail 
himself of his caveat, shall file his description, specifications, drawings, and model 
within three months from the time of placing said notice in the post office in 
Washington, with the usual time required for transmitting it to the caveator 
added thereto, which time shall be indorsed on the notice. And an alien shall 
have the privilege herein granted, if he shall have resided in the TJnited States 
one year next preceding the tiling of his caveat, and made oath of his intention 
to become a citizen. 

REJECTIONS. 

Sec. 41. And he it further enacted, That whenever, on examination, any claim 
for a patent is rejected for any reason whatever, the Commissioner shall notify 
the applicant thereof, giving him briefly the reasons for such rejections, together 
with such information and references as may be useful in judging of the propriety 
of renewing his application or of altering his specification ; and if, after receiving 
such notice, the applicant shall persist in his claim for a patent, with or without 
altering his specifications, the Commissioner shall order a re-examination of the 
case. 

interferences. 

Sec. 42. And he it further enacted. That whenever an application is made for a 
patent which, ii) the opinion of the Commissioner, would interfere with any pend- 
ing application, or with any unexpired patent, he shall give notice thereof to tho 
applicants, or appUcant and patentee, as the case may be, and shall direct the 
primn.ry examiner to proceed to determine the question of priority of invention. 
And the Commissioner may issue a patent to the party who shall bo adjudged 
the prior inventor, unless the adverse party shall appeal from the decision of tlio 
primary examiner, or of the board of cxaminers-in-chicf, as the case may be, 
within such time, not less than twenty days, as the Commissioner shall prescribe. 

AI^FIDAVITS AND DEPOSITIONS. 

Sec. 43. And he it further enacted. That the Commissioner may establish mlog 
for taking affidavits and depositions required in cases pending in the Patent-Office, 



38 

and such afRdavits and depositions may be taken before any officer authorized by 
law to take depositions to be used in the courts of the ynited States, or of the 
State where the officer resides. 

DUTY OF CLERK OF COURT. 

Sec. 44. And be it further enacted, That the clerk of any court of the United 
States, for any district or territory wherein testimony is to be taken for use in any 
contested case pending in the Patent-Office, shall, upon the application of any 
party thereto, or his agent or attorney, issue subpcena for any witness residing or 
being within said district or territory, commanding him to appear and testify be- 
fore any officer in said district or territory authorized to take depositions and af- 
fidavits, at any time and place in the subpoena stated ; and if any witness, after 
being duly served with such subpoena, shall neglect or refuse to appear, or after 
appearing shall refuse to testify, the judge of the court whose clerk issued the 
subpoena ma}'^, on proof of such neglect or refusal, enforce obedience to the pro- 
cess, or punish the disobedience as in other like cases. 

FEES AND RIGHTS OF WITNESSES. 

Sec. 45. And be it further enacted^ That every witness duly subpoenaed and 
in attendance shall be allowed the same fees as are allowed to witnesses attending 
the courts of the United States, but no witness shall be required to attend at any 
place more than forty miles from the place where the subpoena is sei-v^ed upon him, 
nor be deemed guilty of contempt for disobeying such subpoena, unless his fees and 
travelling expenses in going to, returning from, and one day's attendance at the 
place of examination, are paid or tendered him at the time of the service of the 
subpoena ; nor for refusing to disclose any secret invention or discovery made or 
owned by himself. ^ 



Sec. 46. And be it further enacted., That every applicant for a patent or the 
reissue of a patent, any of the claims of which have been twice rejected, and every 
party to an interference, may appeal from the decision of the primary examiner, 
or of the examiner in charge of interference, in such case to the board of examin- 
ers-in-chief, ha\ang once paid the fee for such appeal provided by law. 

Sec. 47. And he it further enacted^ That if such party is dissatisfied with the 
decision of the examiners-in-chief, he may, on payment of the duty required by 
law, appeal to the Commissioner in person. 

Sec. 48. And be it further enacted, That if such party, except a party to an in- 
terference, is dissatisfied with the decision of the Commissioner, he may appeal 
to the Supreme Court of the District of Columbia, sittmg in banc. 

Sec. 49. And be it further enacted.. That when an appeal is taken to the 
Supreme Court of the District of Columbia, the appellant shall give notice there- 
of to the Commissioner, and file in the Patent-Office, within such time as the 
Commissioner shall appoint, his reasons of appeal, specifically set forth in writ- 
ing. 

Sec. 50. And be it further enacted. That it shall be the duty of said court, on 
petition, to hear and determine such appeal, and to revise the decision appealed 
from in a summary waj', on the evidence produced before the Commissioner, at 
such early and convenient time as the court may appoint, notifying the Commis- 
sioner of the time and place of hearing ; and the revision shall be ( onfined to the 
points set forth in the reasons of appeal. And after hearing the case, the court 
shall return to the Commissioner a certificate of its proceedings and decision, 
which shall be entered of record in the Patent-Office, and govern the further pro- 
ceedings in the case. But no opinion or decision of the court in any such case 
GhaU preclude any person interested from the right to contest the validity of sucli 
patent in any court wherein the same may be called in question. 

Sec. 51. And be it further enacted^ That on receiving notice of the time and 



39 

place of hearing such appeal, the Commissioner shall notify all parties who ap- 
pear to be interested therein, in such manner a? the court may prescribe. The 
party appealing shall lay before the court certified copies of all the original 
papers and evidence in the case, and the Commissioner shall furnish it with the 
grounds of his decision, fully set forth in writing, touching all the points involved 
by the reasons of appeal. And at the request of any party interested, or of the 
court, the Commissioner and the examiners may be examined under oath, in ex- 
planation of the principles of the machine or other thing for which a patent is 
demanded. 

BILL IN EQUITY. 

Sec. 52. And be it further enacted^ That whenever a patent on application is 
refused, for any reason whatever, either by the Commissioner or by the Supreme 
Court of the District of Columbia upon appeal from the Commissioner, the appli- 
cant mdy have remedy by bill in equity ; and the court having cognizance thereof, 
on notice to adverse parties and other due proceedings had, may adjudge that 
such applicant is entitled, according to law, to receive a patent for his invention, 
as specified in his claim, or for any part thereof, as the facts in the case may appear. 
And such adjudication, if it be in favor of the right of the applicant, shall autho- 
rize the Commissioner to issue such patent, on the application filing in the Patent- 
Office a copy of the adjudication, and otherwise complying with the requistionsof 
law. And in all cases where there is no opposing party a copy of the bill shall be 
served on the Commissioner, and all the expenses of the proceeding shall be paid 
by the applicant, whether the final decision is in his favor or not. 

REISSUES. 

Sec. 53. And he it further enacted^ That whenever any patent is inoperative 
or invalid, by reason of a defective or insufficient specification, or by reason of the 
patentee claiming as his own invention or discovery more than he had a right to 
claim as new, if the error has arisen by inadvertence, accident, or mistake, and 
without any fraudulent or deceptive intention, the Commissioner shall, on the 
surrender of such patent and the payment of the duty required by law, cause a 
new patent for the same invention, and in accordance with the corrected specifi- 
cation, to be issued to the patentee, or, in the case of his death or assignment of 
the whole or any undivided part of the original patent, to his executors, adminis- 
trators, or assigns, for the unexpired part of the term of the original patent, the 
surrender of which shall take effect upon the issue of the amended patent ; and 
the Commissioner may, in his discretion, cause several patents to be issued for 
distinct and separate parts of the thing patented, upon demand of the applicant, 
and upon payment of the required fee for a reissue for each of such reissued let- 
ters-patent. And the specifications and claim in every such case shall be subject 
to revision and restriction in the same manner as original applications are. And 
the patent so reissued, together with the corrected specification, shall have the 
effect and operation in law, on the trial of all actions for causes thereafter arising, 
as though the same had been originally filed in such corrected forms ; but no new 
matter shall be introduced into the specification, nor in case of, a machine patent 
shall the model or drawings be amended, except each by the other ; but when 
there is neither model nor drawing, amendments* may be made upon proof satis- 
factory to the Commissioner that such new matter or amendment was a part of the 
original invention, and was omitted from the specification by inadvertence, acci- 
dent, or mistake, as aforesaid. 

DISCLAIMERS. 

Sec. 54. And he it further enacted^ That whenever, through inadvertence, ac- 
cident, or mistake, and without any fraudulent or deceptive intention, a patentee 
has claimed more than that of which he was the original or first inventor or dis- 
coverer, his patent shall be valid for all that part whicli is truly and justly hia 
own, provided the same is a material or substantial part of the thing patented ; 



40 

and any snch patentee, his heirs, or assigns, whether of the whole or any sectional 
interest therein, may, on payment of the duty required by law, make disclaimer 
of such parts of the thing patented as he shall not choose to claim or to hold by 
virtue of the patent or assignment, stating therein the extent of his interest in 
such patent ; said disclaimer shall be in writing, attested by one or more witnes- 
ses, and recorded in the Patent-Office, and it shall thereafter be considered as 
part of the original specification to the extent of the interest possessed by the 
claimant and by those claiming under him after the record thereof. But no such 
disclaimer shall affect any action pending at the time of its being filed, except so 
far as may relate to the question of um-easonabie neglect or delay in filing it. 

IXFRIXGEilEXT, SUITS FOR. 

Sec. 55. And be it further enacted, That all actions, suits, controversies, and 
cases arising under the patent laws of the United States shall be originally cogni- 
zable, as wen in equity as at law, by the circuit courts of the United States, or 
any district court having the powers and jurisdiction of a circuit court, or by the 
Supreme Court of the District of Columbia, or of any territory ; and the court 
shall have power, upon bill in equity filed by any party aggrieved, to grant injunc- 
tions according to the course and principles of courts of equity, to prevent the vio- 
lation of any right secured by patent, on such terms as the court may deem rea- 
sonable ; and, upon a decree being rendered in any such case for an infringement, 
the claimant shall be entitled to recover, in addition to the profits to be accounted 
for by the defendant, the damages the complainant has sustained thereby, and 
the court shall assess the same or cause the same to be assessed under its direc- 
tion, and the court shall have the same powers to increase the same in its discre- 
tion that are given by this act to increase the damages found by verdicts in ac- 
tions upon the case ; but all actions shall be brought during the term for which 
the letters-patent shall be granted or extended, or within six years after the expi- 
ration thereof. 

APPEALS TO SUPREME COURT. 

Sec. 56. And be it further enacted, That a writ of eiTor or appeal to the 
Supreme Court of tiie United States shall lie from all judgments and decrees of 
any circuit court, or of any district court exercising the jui-isdiction of a circuit 
court, or of the .Supreme Court of the District of Columbia, or of any territory, 
in any action, suit, controversy, or case, at law or in equity, touching patent 
rights, in the same manner and under the same circumstances as in other judg- 
ments and decrees of such circuit courts, without regard to the sum of value in 
controversy. 

RECORD EVIDENCE. 

Sec. 57. And be it further enacted. That written or printed copies of any 
records, books, papers, or drawings belonging to the Patent-Office, and of letters- 
patent under the signature of the Commissioner or Acting Commissioner, with 
the seal of office affixed, shall be competent evidence in all cases wherein the 
originals could be evidence, and any person making application therefor, and 
paying the fee required bylaw, shall have certified copies thereof. And copies of 
the specifications and drawings- of foreign letters-patent, certified in like manner, 
shall be prinui-facie evidence of the fact of the granting of such foreign letters- 
patent, and of the date and contents thereof. 

I^'TERFERENCE EQUITY PROCEEDINGS. 

Sec. 58. And be it further enacted. That whenever there shall be interfering 
patents, any person interested in any of such interfering patents, or in the working 
of the invention claimed under either of such patents, may have relief against the 
interfering patentee, and aU parties interested under him, by suit in equity 
against the owners of the interfering patent ; and the court having cognizance 



41 

thereof, as herein before provided, or notice to adverse parties, and other due 
proceedings had according to the course of equity, may adjudge and declare either 
of the patents void in whole or in part., or inoperative, or invalid in any particular 
part of the United States, according to the interest of the parties in the patent or 
the invention patented. But no such judgment or adjudication shall affect the 
rights of any person except the parties to the suit and those deriving title under 
them subsequent to the rendition of such judgment. 

DAMAGES FOR INFRINGEMENT. 

Sec. 59. And be it further enacted, That damages for the infringement of any 
patent may be recovered by action on the case in any circuit court of the United 
States, or district court exercising the jurisdiction of a circuit court, or in the 
Supreme Court of the District of Columbia, or of any territory, in the name of 
the party interested, either as patentee, assignee, or grantee. And whenever in 
any such action a verdict shall be rendered for the plaintiff, the court may enter 
judgment thereon for any sum above the amount found by the verdict as the 
actual damages sustained, according to the circumstances of the case, not exceed- 
ing three times the amount of such verdict, together with the costs. 

PART INFRINGEMENT, SUIT FOR. 

Sec. 60. And be it further enacted, That' whenever, through inadvertence, 
accident, or mistake, and without any willful default or intent to defraud or mislead 
the public, a patentee shall have (in his specification) claimed to be the original 
and first inventor or discoverer of any material or substantial part of the thing 
patented, of which he was not the original and first inventor or discoverer as 
aforesaid, every such patentee, his executors, administrators, and assigns, whether 
of the whole or any sectional interest in the patent, may maintain a suit at law or 
in equity for the infringement of any part thereof which was bona fide his own, 
provided it shall be a material and substantia] part of the thing patented, and be 
definitely distinguishable from the parts so claimed, without right as aforesaid, 
notwithstanding the specifications may embrace more than that of which the 
patentee was the original or first inventor or discoverer. But in every such case 
in which a judgment or decree shall be rendered for the plaintiff, no costs shall be 
recovered unless the proper disclaimer has been entered at the Patent-Office before 
the commencement of the suit ; nor shaU he be entitled to the benefits of this sec- 
tion if he shall have unreasonably neglected or delayed to enter said disclaimer. 

PLEADINGS IN INFRINGEMENT. 

Sec. 61. And be it further enacted. That in any action for infringement the 
defendant may plead the general issue, and having given notice in writing to 
the plaintiff or his attorney, thirty days before, may prove on trial any one or 
more of the following special matters : 

First. That for the purpose of deceiving the public the description and speci- 
fication filed by the patentee in the Patent-Office was made to contain less than 
than the whole truth relative to his invention or discovery, or more than is neces- 
sary to produce the desired effect ; or. 

Second. That he had surreptitiously or unjustly obtained the patent for that 
which was in fact invented by another, who was using reasonable diligence in 
adapting and perfecting the same ; or. 

Third. That it has been patented or described in some printed publication prior 
to his supposed invention or discovery thereof ; or. 

Fourth. That he was not the original and first inventor or discoverer of any 
material and substantial part of the thing patented ; on or 

Fifth. That it had been in pubhc use or on sale in this country for more than 
two years before his application for a patent, or had been abandoned to the public. 

And iu notice as to proof of previous invention, knowledge, or use of the thing 



42 

patented, the defendant shall state the names of patentees and the dates of their 
patents, and when granted, and the names and residences of the persons alleged to 
have invented or to have had the prior knowledge of the thing patented, and 
where and by whom it had been used ; and if any one or more of the special mat- 
ters alleged shall be fonnd for the defendant, judgment shall be rendered for him 
with costs. And the like defences may be pleaded in any suit in equity for I'elief 
against an alleged infi-ingement ; and proofs of the same may be given upon like 
notice in the answer of the defendant, and with the like effect. 

PATENT NOT VOID BECAUSE KNOWN IN A FOREIGN COUNTRY. 

Sec. 62. And be it further enacted, That whenever it shall appear that the 
patentee, at the time of making his application for the patent, believed himself to be 
the original and" first inventor or discoverer of the thing patented, the same shall 
not be held to be void on account of the invention or discovery, or any part there- 
of, having been known or used in a foreign countr3% before his invention or dis- 
covery thereof, if it had not been patented, or described in a printed publication. 

EXTENSION OF PATENTS. 

Sec. 63. And be it further enacted. That where the patentee of an invention or 
discovery, the patent for which was granted prior to the second day of March, 
eighteen hundred and sixty-one, shall desire an extension of his patent beyond the 
original term of its limitation, he shall make application therefor, in wi'iting, to 
the commissioner, setting forth the reason why such erctension should be grant- 
ed ; and he shall also furnish a written statement under oath of the ascertained 
value of the invention or discovery, and of his receipts and expenditures on account 
thereof, sufficiently in detail to exhibit a true and faithful account of the loss and 
profit in any manner accruing to him by reason of said invention or discovery. 
And said application shall be filed not more than six months nor less than ninety 
days before the expiration of the original term of the patent, and no extension 
shall be granted after the expiration of said original term. 

Sec. 64. And be it further enacted. That upon the receipt of such application, 
and the payment of the duty required by law, the commissioner shall cause to be 
published in one newspaper in the city of Washington, and in such other papers 
published in the section of the country most interested adversely to the exten- 
sion of the patent as he may deem proper, for at least sixty days prior to the day 
set for hearing the case, a notice of such application, and of the time and place 
when and where the same will be considered, that any person may appear and 
show cause why the extension should not be granted. 

Sec. 65. And be it further enacted. That on the publication of such notice, the 
Commissioner shall refer the case to the principal examiner having charge of the 
class of inventions to which it belongs, who shall make to said Commissioner a 
full report of the case, and particularly whether the invention or discovery was 
new and patentable when the original patent was granted. 

Sec, 66, And be it further enacted, That the Commissioner shall, at the time and 
place designated in the published notice, hear and decide upon the evidence pro- 
duced, both for and against the extension ; and if it shall appear to his satisfac- 
tion that the patentee, without neglect or fault on his part, has failed to obtain 
from the use and sale of his invention or discovery a reasonable remuneration for 
the time, ingenuity, and expense bestowed upon it, and the introduction of it in- 
to use, and that it is just and proper, having due regard to the public interest, 
that the term of the patent should be extended, the said Commissioner shall 
make a certificate thereon, renewing and extending the said patent for the terra 
of seven years from the expiration of the first term, which certificate shall be 
recorded in the Patent-Office, and thereupon the said patent shall have the same 
effect in law as though it had been originally granted for twenty-one years. 

Sec, 67. And be it further enacted. That the benefit of the extension of a piitent 
shall extend to the assignees and grantees of the right to use the thing patented 
to the extent of their interest therein. 



43 



OFFICIAL FEES. 

Sec. 68. And le it further enacted^ That the following shall be the rates for 
patent fees : 

On filing each original application for a patent, fifteen dollars. 

On issuing each original patent, twenty dollars. 

On filing each caveat, ten dollars. 

On every application for the reissue of a patent, thirty dollars. 

On filing each disclaimer, ten dollars. 

On every application for the extension of a patent, fifty dollars. 

On the granting of every extension of a patent, fifty dollars. 

On an appeal for the first time from the primary examiners to the examiners- 
in-chief, ten dollars. 

On every appeal from the examiners-in-chief to the Commissioner, twenty dol- 
lars. 

For certified copies of patents and other papers, ten cents per hundred 
words. 

For recording every assignment, agreement, power of attorney, or other paper, 
of three hundred words or under, one dollar ; of over three hundred and under 
one thousand words, two dollars, of over one thousand words, three dollars. 

For copies of dra\\angs, the reasonable cost of making them. 

Sec. 69. And he it further enacted. That patent fees may be paid to the Com- 
missioner, or to the treasurer, or any of the assistant treasurers of the United 
States, or to anj'' of the designated depositaries, national banks, or receivers of 
public money, designated by the Secretary of the Treasury for that purpose, who 
shall give the depositor a receipt or certificate of deposit therefor. And alJ money 
received at the Patent-Office, for any purpose, or from any source whatever, shall 
be paid into the treasury as received, without any deduction whatever ; and all 
disbursements for said office shall be made by the disbursing clerk of the In- 
terior Department. 

MONEY PAID BY MISTAKE RETURNED. 

Sec. 70. And be it further enacted. That the treasurer of the United States is 
authorized to pay back any sum or sums of money to any person who shall have 
paid the same into the treasury, or to any receiver or depositary, to the credit of 
the treasurer, as for fees accruing at the Patent-Office through mistake, certificate 
thereof being made to said treasurer by the Commissioners of Patents. 

DESIGN PATENTS. 

Sec. 71. And he it further enacted, That any person who, by his own industry, 
genius, efforts, and expense, has invented or produced any new and original design 
for a manufacture, bust, statue, alto-relievo, or bas-relief ; any new and original 
design for the printing of woollen, silk, cotton, or other fabrics ; any new and 
original impression, ornament, pattern, print, or picture, to be printed, painted, 
cast, or otherwise placed on or worked into any article of manufacture ; or any 
new, useful, and original shape or configuration of any article of manufacture, 
the same not having been known or used by others before his invention or pro- 
duction thereof, or patented or described in any printed publication, may, upon 
payment of the duty required by law, and other due proceedings had the same as 
in cases of inventions or discoveries, obtain a patent therefor. 

Sec. 72. And he it further enacted. That the Commissioner may dispense 'W'itli 
models of designs when the design can be sufficiently represented by drawings or 
photographs. 

Sec. 7'i Aiid he it further enacted. That patents for designs may be granted 
for the term of three years and six months, or for seven years, or for fourteen 
years, as the applicant may, in his application, elect. 

Sp:c. 74. And he it further enacted. That patentees of designs issued prior to 
Maych two, eighteen hundred and sixty-one, shall be entitled to extension of their 



44 

respective patents for the term of seven years, in the same manner and under the 
same restrictions as are provided for the extension of patents for inventions or 
discoveries, issued prior to the second day of March, eighteen hundred and sixty- 
one. 

Sec. 75. And be it further enacted, That the following shall be the rates of fees 
in design cases : 

For three years and six months, ten dollars. 

For seven years, fifteen dollars. 

For fourteen years, thirty dollars. 

For all other cases in which fees are required, the same rates as in cases of 
inventions or discoveries. 

Sec. 76. AjuI be it further enacted, That all the regulations and provisions which 
apply to the obtaining or protection of patents for inventions or discoveries, not 
inconsistent with the provisions of this act, shall apply to patents for designs. 

TRADE-MARKS. 

Sec. 77. And be it further enacted, That any person or firm domiciled in the 
United States, and any corporation created by the authority of the United States, 
or of any State or territory- thereof, and any person, firm, or corporation resident 
of or located in any foreign country which by treaty or con%'ention affords similar 
privileges to citizens of the United States, and who are entitled to the exclusive 
use of any lawful trade-mark, or who intend to adopt and use any trade-mark for 
exclusive use within the United States, may obtain protection for such lawful 
trade-mark by compl^ijig with the following requirements, to wit : 

First. By causing to be recorded in the Patent-Office the names of the parties 
and their residences and place of business, who desire the protection of the trade- 
mark. 

Second. The class of merchandise and the particular description of goods com- 
prised in such class, by which the trade- mark has been or is intended to be appro- 
priated. 

Third. A description of the trade-mark itself, with fac-similes thereof, and the 
mode in w^hich it has been or is intended to be applied or used. 

Fourth. The length of time, if anj'^, durmg which the trade-mark has been 
used. 

Fifth. The payment of a fee of twenty-five dollars, in the same manner and 
for the same purpose as the fee requii'ed for patents. 

Sixth. The compliance with such regulations as may be prescribed by the Com- 
missioner of Patents. 

Seventh. The filing of a declaration, imder the oath of the person, or of some 
member of the firm or officer of the corporation, to the effect that the party 
claiming protection for the trade-mark has a right to the use of the same, and 
that no other person, firm, or corporation has the right to such use, either in the 
identical form or having such near resemblance thereto as might be calculated to 
deceive, and that the description and fac-similes presented for record are true 
copies of the trade-mark sought to be protected. 



DURATION OF trade-:mare:s. 

Sec. 78. And be it further enacted, That such trade-mark shall remain in force 
for thirty years ' from the date of such registration, except in cases where such 
trade-marie is claimed for and applied to articles not manufactured in this country 
and in which it receives protection imder the laws of any foreign country for a 
shorter period, in which case it shall cease to have any force in this counUy by 
virtue of this act at the same time that it becomes of no effect elsewhere ; and 
durmg the period that it remains in force it shall entitle the person, firm, or cor- 
poration registering the same to the exclusive use thereof so far as regards the 
description of goods to which it is appropriated in the statement filed under oath 
as aforesaid, and no other person shall la^^^fully use the same trade-mark, or sub- 



45 

stantially the same, or so nearly resembling it as to be calculated to deceive, npon 
substantially the same description of goods : Provided^ That six months prior to 
the expiration of said terra of thirty years, apphcation may be made for a renewal 
of such registration, under regulations to be prescribed by the Commissioner of 
Patents, and the fee for such renewal shall be the same as for the original regis- 
tration ; certificate of such renewal shall be issued in the same manner as for tlie 
original registration, and such trade-mark shall remain in force for a further term 
of thirty years: Aiid i:)7^ovided further^ That nothing in this section shall be con- 
strued by any court as abridging or in any manner affecting unfavorably the claim 
of any person, firm, corporation, or company to any trade-mark after the expira- 
tion of the term for which such trade-mark was registered. 

DAMAGES FOR IMITATING TRADE-MARKS. 

Sec. 79. And he it further enacted, That any person or cori^oration who shall 
reproduce, counterfeit, copy, or imitate any such recorded trade-mark, and affix 
the same to goods of substantially the same descriptive properties and qualities as 
those referred to in the registration, shall be liable to an action in the case for 
damages for such wrongful use of said trade-mark, at the suit of the owner there- 
of, in any court of competent jurisdiction in the United States, and the party ag- 
grieved shall also have his remedy according to the course of equity to enjoin the 
wrongful use of his trade-mark and to recover compensation therefor in any court 
having jurisdiction over the person guilty of such wrongful use. The Commis- 
sioner of Patents shall not receive and record any proposed trade-mark which is 
not and cannot become a lawful trade-mark, or which is merely the name of a 
person, firm, or corporation only, unaccompanied by a mark sufficient to distinguish 
it from the same name when used by other persons, or which is identical with the 
trade-mark appropriate to the same class of merchandise and belonging to a dif- 
ferent owner, and already registered or received for registration, or which so nearly 
resembles such last-mentioned trade-mark as to be likely to deceive the public : 
Provided, That this section shall not prevent the registry of any la'v\\ful trade- 
mark rightfully used at the time of the passage of this act. 

REGISTRATION OF TRADE-MARKS. 

Sec. 80. And he it further enacted, That the time of the receipt of any trade- 
mark at the Patent-Office for registration shall be noted and recorded, and copiea 
of the trade-mark and of the date of the receipt thereof, and of the statement 
filed thei-ewith, under the seal of the Patent-Office, certified by the Commissioner, 
shall be evidence in any suit in which such trade-mark shall be brought in contro- 
versy. 

TRANSFER OP TRADE-MARKS. 

Sec. 81. A7id he it further enacted, That the Commissioner of Patents is au- 
thorized to make rules, regulations, and prescribe forms for the transfer of the 
right to the use of such trade-marks, conforming as nearly as practicable to tho 
requirements of law respecting tlie transfer and transmission of copy-rights. 

FRAUDULENT TRADE-MARKS. 

Sec. 82. A7id he it further enacted. That any person who shall procure the re- 
gistry of any trade-mark, or of himself as the owner thereof, or an entrj^ respect- 
ing a trade-mark in the Patent-Office under this act, by malting any false or fraud- 
ulent representations or declarations, verbally or in writing, or by any fraudulent 
means, shall be liable to pay damages in consequence of any such registry or entry 
to the person injured thereby, to be recovered in an action on the case before any 
court of competent jurisdiction within the United States. 

Sec. 83. Aiul he it further enacted^ That nothing in tliis act shall prevent, lessen, 



46 

impeach, or avoid any remedy at law or in equity, which any party aggrieved by 
any wrongful use of any trade mark might have had if this act had not been 
passed. 

Sec. 84. And be it further enacted^ That no action shall be maintained under 
the provisions of this act by any person claiming the exclusive right to any trade- 
mark which is used or clahned in any unlawful business, or upon any article which 
is injurious in itself, or upon any trade-mark which has been fraudulently obtained, 
or which has been formed and used with the design of deceiving the public in the 
purchase or use of any article of merchandise. 

REPEALING CLAUSE AXD SCHEDULE. 

Sec. 111. And he it further enacted^ That the acts and parts of acts set forth in 
the schedule of acts cited, hereto annexed, are hereby repealed, without reviving 
any acts or parts of acts repealed by any of said acts, or by any clause or provision 
therein : Provided, hoioever^ That the repeal hereby enacted shall not aifect, im- 
pair, or take away any right existing under any of said laws ; but all actions and 
causes of action, both in law and in equity, which have arisen under any of said 
laws may be commenced and prosecuted ; and, if already commenced, may be 
pirosecuted to final judgment and execution, in the same manner as though this 
act had not been passed, excepting that the remedial provisions of this act shall 
be applicable to all suits and proceediiigs hereafter commenced : And 2^'>'ovided 
al^o, That all applications for patents pending at the time of the passage of this 
act, in cases where the duty has been paid, shall be proceeded with and acted 01 
in the same manner as though filed after the passage thereof : A?id ])rovided fur- 
ther, That all offences which are defined and punishable under any of said acts, 
and all penalties and forfeitures created thereby, and incurred before this aci 
takes effect, may be prosecuted, sued for, and recovered, and sijch offences pun- 
ished according to the provisions of said acts, which are continued in force for 
such purpose. 

Schedule of statutes cited and repealed, as printed in the Statutes at Large, includ- 
ing such portions only of the approjDrlation hills referred to as are applicahle to 
the Patent-Office. 

PATENTS. 

Act of July 4, 1836, chapter 357, volume 5. page 117. 
March 3, 1837, chapter 45, volume 5, page 191. 
March 3, 1839, chapter 88, volume 5, page 353. 
August 29, 1842, chapter 263, volume 5, page 543. 
August 6, 1846, chapter 90, volume 9, page 59. 
May 27, 1848, chapter 47, volume 9, page 231. 
March 3, 1849, chapter 108, volume 9, page 395. 
March 3, 1851. chapter 32, volume 9, pasre 61T. 
August 30, 1852, chapter 107, vohime 10, page 75. 
August 31, 1852, chapter 108, volume 10, page 76. 
March 3, 1853, chapter 97, volume 10, page 209. 
April 22, 1854, chapter 52. vohime 10, page 276. 
March 3, 1855, chapter 175, volume 10, page 643. 
AugiTst 18, 1856, chapter 129, volume 11, page 81. 
March 3, 1859, chapter 80, volume 11, page 410. 
February 18, 1861. chapter 37, volume'l2, paere 130. 
March 2, 1861, chapter 88, volume 12, page 246. 
March 3, 1863, chapter 102, volume 12, page 796. 
June 25, 1864, chapter 159, volume 13, page 194. 
March 3, 1865, chapter 112, volume 13, page 533. 
June 27, 1866, chapter 143, volume 14, page 76. 
March 29, 1867, chapter 17, volume 15, page 10^ 
July 20, 1868, chapter 177, volume 15, page 119. 
July 23, 1868, chapter 227, volume 15, page 168. 
March 3, 1869, chapter 121, volume 15, page 293. 



1 



4Y 

FOREIQN PATENTS. 



EXPENSES TO AMERICAN INVENTORS REDUCED. 

PRICES CHARGED BY AIERICAI PATENT AGEHTS 
UNREASONABLY LARGE. 



SUMMARY OF FOREIGN PATENT LAWS, 

WITH 

DIRECTIONS FOR OBTAINING LETTERS-PATENT 
ABROAD. 



THE COST OF OBTAINING FOREIGN PATENTS. 

The prices which it has become customary for American patent 
agents to charge for obtaining foreign patents are unreasonably 
large. These prices range from $100, as in France and Belgium, 
up to $800, $400, and even $500, as in Great Britain and Rus- 
sia; and the impression is conveyed that the government fees 
actually paid for obtaining patents in these foreign countries are 
so large that it is necessary to demand from the inventor here 
heavy sums; when the truth is, that in some of the foreign 
countries the government fees are less than in our own, and in 
none of them are they so high as to make it reasonable for the 
agents who conduct the business to exact from applicants the 
large sums they are in the habit of charging. ' 

It is true that sometimes the American patent agent does not 
receive for his services more than a reasonable compensation ; 
but this is because he himself is obliged to employ other agents 
here or abroad, and hand over to them a considerable portion of 
the fee received by him from the applicant. 

In view of this state of things arrangements have been made, 
and connections established, by this office, in the capitals of Euro- 
pean and other countries, for the purpose of obtaining letters- 
patent directly in every country of the world where patents are 



48 



issued, without obliging American inventors to pay large and un- 
necessary sums to intermediate agencies. A reduction of from 
20 to 30 per cent, upon the fees ordinarily charged is thus effected. 
The cost of obtaining letters-patent through this office in the 
several countries is hereafter stated under the name of each 
nation, and contrasted with the fees usually demanded by 
American patent agents. All desiring to obtain patents abroad 
will be interested to notice the considerable sums that may be 
saved to them by availing themselves of the advantages afforded 
in this office. 



COUNTRIES GRANTING LETTERS PATENT. 

In the following-named foreign countries inventions are pro- 
tected by letters-patent or their equivalent : — 



AUSTRALIAN COLONIES, consisting of : 

Queensland, 

New Zealand, 

Victoria, 

New South Wales. 
AUSTRIA, 
BAVARIA, 
BELGIUM, 
BRAZIL, 

BBITISH aUIANA, 
CANADA, 

CAPE OF GOOD HOPE, 
CEYLON, 
CHILI, 
CUBA, 

DENMARK, ^ 

EAST INDIES, 
FRANCE, 

GERMAN PRINCIPALITIES, 
GREAT BRITAIN, 
GREECE, 
HOLLAND, 



ITALY, 

JAMAICA, 

LUXEMBOURG, 

MEXICO, 

NEW GRAt^ADA, 

NORWAY AND SWEDEN, 

NEW BRUNSWICK, 

PARAGUAY, 

PERU, 

PHILIPPINE ISLANDS, 

PORTO RICO, 

PORTUGAL, 

PRUSSIA, 

RIO DE LA PLATA, 

RUSSIA, 

SAXONY, 

SPAIN, 

SURINAM, 

TASMANIA, 

TRINIDAD, and 

WURTEMBERG. 



49 

m WHAT COUNTRIES TO APPLY FOR 
PATENTS. 

As is seen on the preceding page, nearly all the civilized gov- 
ernments of the world provide by law for securing to inventors 
exclusive property in their inventions and discoveries, for a limited 
time, by the issue to them of letters-patent. In some of these 
countries patents are of little value, on account of the absence of 
enterprise among the people ; but in several of the more enlight- 
ened nations of Europe where manufacturing is carried on, and 
where all means of cheapening labor are eagerly sought for and 
employed, opportunities are afforded to inventors to make money 
by their inventions, of which it is w^ell worth while for the 
American inventor to avail himself. 

In all the progressive nations of Europe, and on this continent, 
inviting fields are open to American inventors. Of course, in all 
cases, some reference should be had to the character, habits, and 
pursuits of the people of the country in w^hich it is proposed to 
introduce any given invention, and its adaptability to meet some 
wants that may exist among them. For example, among a man- 
ufacturing people, improvements in manufacturing machinery 
will be likely to find purchasers ; where efforts are being made 
to improve implements of war, where large standing armies 
are maintained, and a military s^^irit prevails, improvements in 
guns, ammunition, &c. , will find a market; where agriculture 
is the chief, or a principal employment of the people, there im- 
provements in agricultural implements will be in demand. And 
so of all other patentable inventions and discoveries. 

The countries in which at present the introduction of new in- 
ventions is most likely to prove profitable are, 

Great Bihtain, Denmark, 

EussiA, Prussia, 

France, Italy, 

Belgium, Spain, 

Austria, Cuba, 

The German PRiNCiPALiTrfis, Australian Colonies, 

WURTEMBERG, CANADA, 

The Netherlands, New Brunswick, 

Bavaria, British India, 

Saxony, Brazil, 

Norway, Mexico, and 

Sweden, Peru. 

In some of the latter-named countries, patents are not of very 

great value, unless covering special inventions adapted to meet 

some peculiar want of the people. 



50 



GENERAL DIRECTIONS 

FOR 

OBTAn^IJSTG FOEEIGE^ PATENTS, 

AKD 

SUMMARY OF FOREIGN PATENT LAWS. 



The Patent Laws in tlie several countries differ considerably in 
respect to the formalities to be observed in the obtaining of pat- 
ents under them, and all differ more or less from the patent laws of 
our own country ; and in many cases a patent is rendered entirely 
valueless by failing to meet the special requirements of the law 
in preparing the papers filed with the application, or in neglect- 
ing, after the patent is obtained, to attend to the formalities and 
requisites necessary to continue the patent in force. 

Very few of the patent agents in this country have the requi- 
site knowledge of the patent laws of foreign States, or a suffi- 
ciently well-established or responsible connection abroad to render 
it advisable to entrust the important duties of a solicitor of for- 
eign patents to their hands. The inventor confiding his applica- 
tion to them may ultimately discover that, in addition to having 
been obhged to pay an exor)3itant fee, he has the misfortune to 
possess patents entirely worthless in the very countries by which 
they were granted. 

Inventors and others desiring to secure the protection of for- 
eign letters-patent on their inventions and discoveries, are in- 
vited to avail themselves of the facilities provided in this oflBce, 
and thus save themselves the considerable unnecessary fees which 
otherwise they will have to pay. Those addressing us will please 
state in what countries abroad they wish to obtain protection for 
their inventions, when we will immediately give them such full 
and specific directions as may be necessary to meet their case. 

If any question arises in the mind of one contemplating apply- 
ing for foreign patents, not satisfactorily answered in the annexed 
summary of foreign patent laws, we will endeavor to reply fully 
to a letter of inquiry addressed to us. 

PAYMENT OF FEES. 

The cost indicated in each country includes both the government 
fee required and the fee of this office. The entire fees on foreign 
patents are payable, in advance, with the exchange, in gold., or its 
equivalent. 



51 
SUMMAET 

OF 

FOREIGN PATENT LAWS. 



GREAT BRITAIN. 
(Patent Law Amendment Act, 1852). 

Under this law letters-patent embrace the LTnited King-dom of 
Great Britain and Ireland, and the Channel Islands and Isle of Man. 
The British Colonies have independent patent laws. The patent 
is granted for fourteen years, subject, after the first expenses are 
paid, to a government tax to be paid twice during its existence ; 
the first within three years, and the second within seven years 
from its date. It is granted to the inventor, or to any other per- 
son who first makes an application for it. The law does not re- 
quire that the patent should be introduced into use within any 
specified time. If a patent for the same invention has been is- 
sued in any other country, the British patent will expire with it. 

The cost of a British patent, through this office, is $250 

$75 of this fee only is required to be paid in advance, and the 
balance, $175, before the expiration of three months. The fees 
usually charged by American patent agents is $800 and upward — 
a saving of at least $50 to the applicant by this office. 



RUSSIA. 

(TJkase of November 2d, 1833, and October 23d, 1840.) 

This law allows that patents may be demanded by the inventor 
or his assignee for the term of three, five, or ten years ; but when 
the demand is made by a person other than the inventor or as- 
signee, the term ranges from one to six years. No extension is 
allowed beyond the term for which the patent is originally issued ; 
hence in taking out a Russian patent, it is best to obtain one for 
the longest term granted, namely, ten years. The invention should 
be worked within the first quarter of the term for which the 
patent is granted. 

The cost of a Russian patent to the inventor, through this office, 
is: — 

For the term of three years $250 

For the term of five years 350 

For the term of ten years 550 



52 

The lowest published fee of American patent agents for ob- 
taing Russian patents for the shortest term, viz., three years, is 
$400 ; and the fees for five and ten year patents are proportion- 
ately exorbitant. 

A glance at the tariff required, as above, by us, is suflBcient evi- 
dence of the advisability of inventors filing their applications for 
Russian patents through this office. 



FRANCE, 

(Law of July 5th, 1844.) 

Patents under this law cover both France proper and her 
colonies, and are granted to the inventor or assignee. The maxi- 
mum duration of a patent is fifteen years. Extensions may in very 
special cases be obtained by act of the legislative body. Exten- 
sions, however are rare ; only two have been granted since 1844. 
Patents for improvements on an already patented invention may 
be obtained by the original inventor and patentee, during any 
years of the term of his original patent, and his apphcations for 
such patents for improvements take precedence over all others of 
a similar nature. The invention should be worked vdthin two 
years of the date of the patent. 

The cost of a French patent, through this office, is $85 

This fee includes the first year's special government tax of $20. 
This tax must be paid before the expiration of every succeeding 
year, for the term of the patent. 

The fee exacted by agents in this country for obtaining a French 
patent is never less than §100. The saving to inventors applying 
at this office is thus evident. 



BELGIUM. 

(Laws of May 24th, 1854, and March 25th, 1857.) 
Patents are granted under this law for the term of twenty years 
to the inventor or his assignee. If, however, a patent has been 
previously obtained in any other country, the Belgian patent will 
expire with it. The invention should be worked within the year 
which follows its execution in any other country. 

The cost of a Belgian j)a^tent, through this office, is $80 

This fee includes the first year's tax of about $2, which increases 
annually, and must be paid each succeeding year so long as the 
patent is in force. 

The usual cost of a Belgian patent, through American agencies, 
is $100 (sometimes more). A reduction of at least $20 is thus 
effected by this office. 



53 

AUSTRIA. 

(Law of August 15th, 1852.) 

The patent covers all the possessions of the empire. Its maxi- 
mum duration is fifteen years. If the applicant for a patent is 
not an Austrian subject, the application must be made by the in- 
ventor himself or his assignee. If a patent has been obtained in 
another country, the Austrian patent is limited to the duration of 
such previously obtained patent. The invention should be 
worked within the Austrian territory before the expiration of the 
first year from the date of the grant. In case a prior foreign pat- 
ent has been obtained, a copy of the same, duly legalized, must be 
filed. Patents may be extended beyond fifteen years by the Em- 
peror. 

The cost of an Austrian patent, for the first year, through 
this office, is $150 

This includes the tax and municipal dues for the initial year. 
The subsequent taxes and dues are payable every year for the full 
term of the patent. 

The lowest charge made by American agents is $200 for the 
first year. At least $50 is thus saved by applying through this 
office. 



GERMAN PRINCIPALITIES. 

Anhalt-Dessau. — Anhalt-Bernburg. — Akhalt-Coe- 
THEN. — Baden. — Brunswick. — Hesse-Darmstadt. — Hesse- 

HOMBURG. — HOHENZOLLERN-SlGMARINGEN. -^ LiPPE-DeT- 
MOLD. — LiPPE-SCHAUMBURG. — MECKLENBXJRG-SCHWERIN. — 

Mecklenburg-Strelitz. — Nassau. — Oldenburg. — Reuss- 
Schleitz. — Reuss-Ebersdorp. — Reuss-GtReitz. — Saxe-Al- 
tenburg. — Saxe-Ooburg. — Saxe-Meiningen. — Saxe-Wei- 

MAR. — SCHWARZBURG-EUDOLSTADT. — SCHWARZBURG-SON- 
DERSHAUSEN. 

There exists in these principalities no special legislation in pat- 
ent matters, but protections are granted by the government of 
each State on the report of a Polytechnic Commission, to which 
the applications are referred. As the decision of Prussia on an 
application for a patent for the same invention largely influences 
the report of the Polytechnic Commission, it is always best to 
submit the application to the examiners at Berlin before under- 
taking the expense attendant upon prosecuting it among the Prin- 
cipalities. 

The cost of a patent in each of the Principalities, through 
the office, is $90 



54 

The customary charge made by patent ag-ents m this country 
for similar patents, is §100 and upward. The advantage gained 
by applying through this office is thus apparent. 



THE NETHERLANDS. 

Patents are granted in this country by the Royal Institute of 
the Netherlands. If the applicant is a foreigner, he must be re- 
presented by a resident subject. Patents are granted for a term 
of fifteen years. The protection extends in the first instance for 
a period of two years, when upon the payment of the govern- 
ment fee then due, the patent will be granted to complete the full 
term, viz. , fifteen years. If the protection is not renewed at the 
end of the first two years, as stated, the patent will not be 
granted. 

The cost of the patent, securing the protection, for the 
first two years, through this office, is / $130 

The charge usually made by American patent agents is §150. 
A reduction of $20 at least, is thus secured. 



WURTEMBERG. 

(Law of August 5th, 1836.) 

Patents are granted for a maximum duration of ten years to 
inventors or their assigns only. If a patent has been previously 
obtained in any other country, the "Wlirtemberg patent will expire 
with it. 

Patents obtained for terms less than the maximum of duration 
may be extended on petition presented twelve months before 
their expiration. The patent is usually obtained for a term of 
two years, subject to an extension. The invention should be 
continuously worked from before the end of the second year. 

The cost of a Wlirtemberg patent for the term of tw^o 
years, through this office, is *. $90 

The customary charge made by American patent agents is 



BAVARIA. 

(Law of September 11th, 1825, and Ordinance of December 

17th,. 1853.) 
The longest term for which a patent is granted is fifteen years. 
Any person may become a patentee. 



55 

If a patent has previously been obtained in any other country, 
the Bavarian patent expires with it. A patent may be obtained 
for a lesser term than fifteen years, and prolongfed year by yeai 
up to the full term. Patents are usually obtained for a term oi 
two years. The invention should be worked within the two 
years. 

The cost of a Bavarian patent for the term of two years, 
through this office, is . $100. 

The charge usually made by American patent agents is not less 
than $125. 



SAXONY. 

(Ordinance of January 20th, 1853.) 

The patent is issued in the first instance for five years; but 
this period may be extended to ten years on petition. Patents 
are issued to foreigners when represented by resident subjects. 
The invention should be worked during the first year of the grant, 
but a delay may be had on reasonable grounds. 

The cost of a Saxon patent for the term of five years, 
through this office is $125 

The charge usually made by American patent agents is not less 
than $200. 



DENMARK. 

No special legislation exists. The term of the patent is fixed 
in each case by the government, and is granted to the inventor 
or his assignee. Native subjects can usually obtain patents for 
terms varying between three and twenty years. Foreigners 
seldom obtain patents for a longer term than five years. The 
invention should be continuously worked from the expiration 
of the first year. 

The cost of a Danish patent, through this office, is about.. $130 
The charge usually made by American patent agents is much 
higher. 



NORWAY. 

(Law of July 19th, 1839 ; Royal Decrees of November 30th, 

1841, and January 7th, 1856.) 
Under existing laws the term for which thepatent is granted 
varies between five and ten years, and is fixed by the government. 



56 

The time allowed for working the patent is also deteimined by 
the government. 

The cost of applying for a Norwegian patent for the full 
term, through this office, is $175 

The usual charge made by American patent agents is $250 
to $300. 



SWEDEN. 

(Law of August 19th, 1856.) 

The term of lettersTpatent varies from three to fifteen years, 
according to the importance that the examiners may attach to the 
invention. 

If a patent has been previously obtained in another country, 
the Swedish patent will expire therewith. An alien applying for 
a patent must have a Swedish subject as a representative in 
whose name the patent issues. The invention should be worked 
within the first two years, but a delay may usually be obtained. 

The cost of applying for a Swedish patent, for the full 
term, through this office, is $175 

The usual charge made by American patent agents is $250 
to $300. 



PRUSSIA. 

(Ministerial Instruction of Oct. 14th, 1815; Ordinance of May 
7th, 1817, and ]Ministerial Circular of Sept. 18th, 1828.) 

The duration of the patent varies between five and fifteen 
years, but seldom exceeds the latter period. The invention should 
be worked within six months from date of grant. A respite of 
six months more may be obtained, when good reasons are given. 

The govei-nment of Prussia is not favorable to the granting of 
patents, hence it is with extreme difficulty that they are obtained. 
There must be radical novelty and positive utiLity in the invention, 
else the grant will be refused. There is a prospect, however, of 
a revision of the existing laws, and the institution of a better and 
more liberal code. 

The cost of a Prussian patent, through this office, is $130 

The usual fee charged by American patent agents is $150. 



57 

ITALY. 

(Laws of March 12t]i, 1855 ; Oct. 30th, 1859 ; and Jan. 31st, 1864.) 
The maximum duration of the patent is fifteen years ; but this 
is limited by the term of any prior foreign patent. Applications 
may be made for any term of years between one and fifteen, and 
extended up to the attainment of the maximum. This mode of 
procedure compels the payment of a supplementary tax for each 
extension, and should therefore be avoided. The best plan is to 
obtain a patent, at first for three or six years, and if at the end 
of that time the invention has proved profitable, to petition for 
an extension by the payment of a simple prolongation tax. 
Patents for improvements may be incorporated with or added to 
the original grant, and disclaimers may be filed within six months 
from the date of the grant. Patents for less than five years should 
be worked within the first year of the grant; those of longer 
duration within the second year. Further delays may be obtained 
on showing good reasons. 

The cost of an Italian patent for a term of three years, 

through this office, is $175 

The fee usually charged by American patent agents is $200. 



SPAIN. 



(Law of March 27th, 1826 ; and Ordinances of June 14th, and 
December 30th, 1829; and January 11th, and July 18th, 1849.) 
Every inventor, whether Spanish subject or alien, may obtain a 
patent for a term of five, ten, or fifteen years. If the patent be 
applied for by a person other than the inventor or his assignee, 
the term of the grant is limited to five years. Patents granted to 
inventors for a term of five years in the first instance may be 
extended to ten years ; but those granted for longer terms than 
five years cannot be extended. The invention should be worked 
within a year and a day after the signature of the grant. 
The cost of a Spanish patent issued to an inventor for the 

term of five years, through this office, is $250 

The charge usually made for this patent by American patent 
agents is $400. 



CUBA. 

(Royal Decree of July 30th, 1833.) 
The patent laws of this island resemble in all their details, 
requirements, restrictions, etc. , the existing legislation in Spain. 



58 

The cost of a Cuban ' patent issued to the inventor for 
the term of five years, through this office, is $250 

The charge usually made by American patent agents is never 
less than §400. 



AUSTRALIAN COLONIES. 

New South Wales. 
(Act Xo. XXn"., Anno Decimo Sexto Yictorise Reginas. ) 

Patents, or registered letters of protection, are gi'anted by this 
colony for terms varying between seven and fourteen years. 
The Governor- General fixes the term of the grant. 

The cost of a patent in this colony, through this office, is.. $290 
The charges made by American patent agents never amount to 
less than §300. 



Queensland. 

Legislation, grants, expenses, &:c. , the same as in New South 

Wales. 



Victoria. 

(Law of March 11th, 1857.) 

This law is in all essential points precisely similar to the Brit- 
ish. The patent is issued for a maximum duration of fourteen 
years. The invention need not be worked in the colony. A 
delay of six months is allowed for the fulfilment of the formal- 
ities ; but a completed specification must be deposited immediately 
upon making aiDplication. ^ This specification may be modified 
during the six months' probation. The patent is issued under 
the Great Seal, in the name of the Queen, and in the same form 
as British patents. 

The cost of applying for a patent in this colony, through 
this office, is $290 

The charge made by American patent agents never amounts to 
less than $300. 



New Zealand. 

(Patent Act, 1860.) 
Patents are issued for a term of fourteen years. No exten- 
sions are permitted. Patents cannot be granted to the holder of 






59 

a Britisli patent, or to the holder of a patent in any other coun- 
try ; but a British patent may be registered in this colony, and 
thus affords the same protection as an original patent. Dis- 
claimers or amendments may be filed at any time. 

The cost of applying for a patent in this colony, through 
this office, is $185 

The charges made by American patent agents are never less 
than $200. 



CANADA. 

(Law of 1869.) 

This law resembles very closely in its details the existing laws 
on the same subject in the United States. The formalities and 
documents are nearly the same. There are, however, some points 
of difference. 

A patent may be granted to an inventor, or his assignee, who 
duly qualifies himself as the first inventor, and makes oath to an 
actual residence in the Dominion for one year next before his 
application. A foreign patent taken out not more than six 
months before, does not disqualify from obtaining the Canadian. 
Patents are issued for five years, but two extensions of five years 
each may be obtained at the end of five and ten years. Dis- 
claimers, amendments, and caveats may be filed, and are subject 
substantially to same conditions as under the United States law. 
Patents become void unless the invention is worked within three 
years and continuously ; and it is also void if the patentee 
or his assignee imports the invented articles from abroad after 
eighteen months from the issue of the patent. 

The cost of a Canadian patent, through this office, is about.. $100 

The charge usually exacted by American patent agents is $150 
to $200. 



NEW BRUNSWICK. 

Letters-patent are granted in this province, under existing le- 
gislation, to the inventor or his assignee, whether he be a resident 
citizen or an alien. The laws are liberal, and resemble somewhat 
those of our own country. 

The cost of a patent in this province, through this office, 
is $110 

The charge usually made by American patent agents is $125. 



60 

BRITISH INDIA. 

(Law of March 19th, 1859.) 

This law is based on the English Patent Act of 1852, although 
it dispenses with some of the formalities therein required. 

Patents are granted for a term of fourteen years ; but this term 
may, in some cases be extended by petition presented during 
the first half of the fourteenth year. Disclaimers may be filed, 
supported by oath, at any time during term of the patent. 

The cost of a patent in British India for the full term 
of fourteen years, through this ofl&ce, is $250 

The charge usually exacted by American agents for this patent 
is the enormous fee of $400. 



BRAZIL. 

Imperial diplomas possessing the same virtue and legal force as 
letters-patent are granted by this government for terms which 
vary from five to twenty years. Diplomas are granted to any per- 
son, citizen or alien, who is the author or importer of the inven- 
tion. The invention should be worked within two years from the 
date of the grant. 

The cost of a Brazilian patent, through this oflBce, is $350 

The usual fee charged by American patent agents is from $400 
to $600. 



PERU. 

The grants of letters-patent, and the privilege thereby secured, 
together with the formalities necessary, and the expenses in- 
curred, are the same in this country as in Brazil. 



MEXICO. 

(Law of May 7th, 1832.) 

^ Patents are granted under this law to inventors or their as- 
signees, only, for a term of ten years. An extension may be ob- 
tained, after this term has expired, by special grant. The inven- 
tion is supposed to be worked from the date of the grant, and 
native Mexicans employed in assisting thereto, if laborers prove 
necessary. The Government fee demanded in this country 
varies; it is fixed on each application when presented to the 



61 

proper authorities. The Government fee ranges from $20 up 
to $350. 

The fee charged by this office, covering all expenses other 
than the Government tax (as above), is $300 

The charges usually made by American patent agents, for 
their services alone, is $500. 



A FURTHER REDUCTION 



Of the fees named in the preceding summary will be made in 
many cases when two or more foreign patents are applied for at 
the same time by the same person. This renders still more ap- 
parent the great advantage to be gained by filing all foreign ap- 
plications through this office. As before stated, all the fees are 
payable in advance^ together with exchange^ IN" GOLD or its equiva- 
lent. 



TAXES OR ANNUITIES UPON EOREIGN PATENTS. 

Persons who are the holders or proprietors of foreign patents, 
upon which taxes or annuities are payable, can have these pay- 
ments promptly attended to and remittances secured at this office 
upon application. All the necessary formalities of returning such 
patents as are subject to a return to the Government issuing them, 
for the stamping of receipt of tax thereon (as in Great Britain), 
will be conducted by this office with despatch. Our superior sys- 
tem of agencies abroad enables us to effect these matters with 
advantage to patentees or assignees of foreign patents. 

A moderate fee is charged for the services rendered, but 
simply enough to cover the actual services, postage, and exchange. 
For f uther particulars address this office. 



MODELS. 

Models are not required to accompany applications for foreign 
patents ; but when the invention cannot be fully illustrated to 
this office by a drawing, it is required that a model be furnished 
us for temporary use in completing the official drawings and 
papers. The model will then be returned to the applicant on 
demand. 



62 



ASSIGNMENTS. 

In nearly all the governments granting patents, provisions are 
made for the assignment of either a part or entire interest in the 
letters-patent. 

These assignments are attended, under all governments allow 
ing them, with certain very necessary formalities, which vary 
materially in the different countries. 

Persons desirous of effecting assignments of interest in foreign 
patents are advised to address this office, in order that the legal 
formalities may be correctly complied with, and that the record- 
ing of the assignment and the payment of the requisite fees may 
be attended to with precision and despatch. 

For services rendered in transactions of this nature, a moderate 
charge only will be made by this office, in addition to the govern- 
mental fee, the exchange, postage, etc. 



A QUESTION OETEN ASKED. 

Inventors and others intending to take out letters -patent in 
foreign countries, invariably seek to know under what govern- 
ments it is most advisable to secure protection. To obtain 
patents in all or in any great number of the countries granting 
them, is nearly always impossible to American inventors, be- 
cause of the attendant expense ; hence the question first asked 
is one intended to enlighten them in the matter of choice. 

The selection should be governed very much, if not entirely, by 
the nature of the invention itself, and the relation it bears to any 
one, two, or more of the citizens of the various nationalities ; their 
wants, proclivities, laws, customs, &c. , &c. , should be fully 
weighed, and the choice predicated thereupon. Unless, however, 
the invention be one of an importance and value equal to the 
steam-engine, the telegraph, or the sewing-machine, the securing 
of letters -patent in some five or six of the most advanced, 
civilized, and enlightened nations of the world will enable the 
inventor to possess a property in his discovery, the value of which 
would not be materially increased by the further securing of 
patents. The AMERICAN, BRITISH, FRENCH, RUSSIAN, 
and BELGIAN (and perhaps the AUSTRIAN) patents will enable 
their possessor, in all ordinary cases, to sufficiently cover his in 
vention for the purpose of abundant pecuniary profit. 



63 

QUESTIONS RELATING TO FOEEIGN PATENT LAWS. 

Inventors and others desiring information upon any subject re- 
lating to the laws of foreign States, as affecting their inventions 
or already obtained patents, or in need of competent legal advice 
upon any matters connected with foreign patent laws not stated 
in the foregoing summary, should address us upon the subject, 
when a satisfactory answer will be returned. 



INDEX. 



I 



PAGE 

Appeals 13 

Applications, Rejected 12, 20 

do. Withdrawn 20 

do. Forfeited 12 

A Further Reduction 61 

A Question often Asked 62 

Assignments of American Patents 29 

do. Foreign Patents 62 

Australian Colonies, Patent Laws of. 58 

Austria, do. do 53 

Bavaria, Patent Laws of 54 

Belgium, do. do 52 

Brazil, do. do 60 

British India, do. do 60 

Caveats .11, 26 

Canada, Patent Laws of 59 

Correspondence with this Office, Directions for 16 

do. '' the Patent Office.... 28 

Countries granting Letters Patent 48 

Cuba, Patent Laws of 57 

Denmark, do. do 55 

Designs, Patents for 8 

Disclaimers 24 

Doing Business Correctly, Importance of 4 

do. with this Office, General Directions for. ... 6 

Drawings 19 

Examinations at Patent Office 20 

Extensions 25 

Foreign Patents .26, 47 

do. do. Directions for Obtaining 50 

do. do. Cost of Obtaining. ... 47 

do. do. Reduced Tariff of Fees on 50 

do. do. Payment of Fees on 50 

do. do. Taxes or Annuities upon 61 

Foreign Patent Laws, Summary of 5 1 

France, Patent Laws of 52 



66 



PAGE 

General Information of Interest to Inventors 17 

German Principalities, Patent Laws of 53 

Great Britain, '' " 51 

Inquiries not Answered at Washington 15 

Interferences 21 

In "What Countries to Apply for Patents 49 

Italy, Patent Laws of 57 

Mexico, do. do 60 

Models, American , 8, 19 

do. Foreign 61 

Netherlands, Patent Laws of the 54 

New Brunswick, do. do 59 

Norway 55 

Patents, Obtaining. \ 7 

do. Who May Obtain 17 

do. How to Proceed to Obtain 18 

do. Cost of Obtaining '. 7 

do. Bate of 20 

do. Extension of 25 

Patent Laws of United States 81 

Patent Ofiace Fees 27 

Peru, Patent Laws of , 60 

Proper Caution to Inventors 15 

Prussia,. Patent Laws of. 56 

Questions Relating to Foreign Patent Laws 63 

Reissues 14, 23 

Remittances, How to Make 16 

Repayment of Money 27 

Revenue Stamps 28 

Russia, Patent Laws of 51 

Saxony, do. do 55 

Spain, do. do 57 

Sweden, do. do , 56 

To Ascertain if An Invention is Patentable 6 

Trade-Marks, Protection for 10 

AVhy Located in New York 4 

Wiirtemberg, Patent Laws of 54 



/?1. t_' 



UNITED STATES AND INTERNATIONAL 



THB 



PATENT OFFICE 



MAls^UAL. 



PIRECTIONS FOR C BTAINING LETTERS PATENT, 
AMERICAN AND FOREIGN PATENT LAWS, 

AND. MUCH OTHKR USEFUL INFORMATION. 



NEW YORK: 

PnliMefl at tlie United States anil International Patent Office, 

fitch: & CO., r)ireotoi«. 

No. 21 PARK ROW. 

1871. 



THE 



UNITED STATES & INTERNATIONAL 

PATENT OFFICE. 



DEPARTMENT OF MECHANICS. 



(ALL COMMUNICATIONS STRICTLY CONFIDENTIAL.) 

The purpose and object of this Department are, to furnish to inventors 
and others possi'ssing the faculty of invention the aid the}- may require in 
completing and practically carrying out their unperfected inventions. 
There is a large class of persons that are really inventors, who frequently 
originate in thought most valuable and important inventions, but being 
unable to carry out their conceptions and reduce them to practice, on 
account of not knowing exactly what mechanical appliances should be made 
use of, or how to select and adapt the material necessaiy. they become 
discouraged, their mental conceptions never assume a tangible or visible 
shape, and are lost to the inventors themselves as \vell as to the world. 

All inventors of the class mentioned are in^-ited to avail themselves of the 
aid offered in this Department of the Office, where, upon application, their 
■mental inventions vnW be taken up and perfected for the benefit of their 
originators. The finest and best mechanical and scientific skill have been 
employed to take from these inventors their suggestions and thoughts, and 
fully develope them into useful and patentable form. 

Entire Confidence and Secrecy are observed in this Depart- 
ment, and the strictest caution taken to jjr'eserve to the uirentof his full 
rights. In every instance the i7ivetition will, when perfected., belong to 
the one who gave the original suggestion., irrespective of the services per- 
formed hy this office. 

Inventors requiring aid in embodying their inventions in a patentable 
form, and desiring to communicate \\-ith this Department of the Office, may 
do so by letter, stating the exact nature of their invention, the end or object 
desired to be accomplished, and they should also, m all cases where it is 
possible. gi\'e such sketches or drawings of the invention, with as full a 
description thereof as they maj- be able to make or construct. It is im- 
portant that this Department should gain a full and complete knowledge of 
the invention as far as it has gone or been developed in the mind of the 
inventor, as it may then be reduced to a practical form with greater facility 
and success. 

The fees charged for services rendered in this Department will be accord- 
ing to the actual labor performed, and predicated somewhat upon the 
importance of the invention. In all cases they will be made as moderate as 
possible. 

AU inventors requiiing aid are invited, to open correspondence, with this 
Department. ' In the reply to their letter of application will be given an 
opinion on the invention itself, relating to its novelty, utility, etc , and also 
a statement of the fee that will be charged for serx-ices to be rendered in the 
case. One half of this fee will then be payable, and the balance when the 
invention is perfected and transferred from this Department to the inventor. 

The inventor may then secure Letters Patent for his perfected invention, 
in this countr\- and abroad, through this office. See directions given in this 
Manual. 



k 



THE 



init^H %hk^ mi Jnt^rnatiouHl 

PATENT OFFICE. 



Fitch Sr Co., Directoi^s 

NEW YORK. 



IN 

WASHINGTON, 

LONDON, BRUSSELS, PARIS, VIENNA, 
And the Capitals of other Foreign States. 



FOR INFORMATION CONCERNING 

FOREIGN PATENTS, 

SUMMARY OF FOREIGN PATENT LAWS, 

llEVISED TARIFF ESTABLISHED BY THIS OFFICE, 

Etc., Etc., Etc., 

See Page 47 of ihf9 Mamial. 



FOR 

REDUCED TARIFF ON FOREIGN PATENTS 

AS ESTABLISHED BY THE 

UNITED STATES AND INTERNATIONAL 
PATENT OFFICE, 

See Page 47 of this Manual. 



DEPARTMENT OF MECHANICS, 

See Inside of Front Cover. 



245 91 






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# MAY 91 
N. MANCHESTER, 
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